SW Burlingame Ave PDP by famis

Property Development Profile

Subject Parcels: SW Burlingame Ave. Portland, Oregon

Multnomah

Prepared For: Michael Biehler RE/MAX equity group 5800 Meadows Rd., STE 100 Lake Oswego, OR 97035 Prepared by: First American Title Company Builder Services 121 SW Morrison St. #300 Portland, OR 97201 Phone: 503.219.8746

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121SW Morri son St.#300 Portlan d,Oreg on 97201 T el 503. 219. 8746 Fax 503. 790. 7872

Customer Service Department 121 SW Morrison Street Suite 300 - Portland, OR 97204 Phone: 503.219.TRIO (8746) Fax: 503.790.7872 Email: cs.portland@firstam.com Today's Date : 1/30/2015

OWNERSHIP INFORMATION Owner CoOwner Site Address Mail Address County

: Wedge David E Tr : : 6310 SW Burlingame Ave Portland 97239 : 6310 SW Burlingame Ave Portland Or 97239 : Multnomah (OR)

Bldg # Of Ref Parcel Number : 1S1E16DC 00500 Parcel Number : R124095 T: 01S R: 01E S: 16 Q: SE QQ: SW

PROPERTY DESCRIPTION Map Page Grid Census Tract Neighborhood School District Subdivision/Plat Improv Type Property Use Land Use Legal

ASSESSMENT AND TAX INFORMATION

: 626 D4 : 60.02 Block: 1 : R400 : : Burlingame : : Vacant Land : 100 Res,Unimproved : BURLINGAME, BLOCK 51&53 TL 500 MAP : 3628 :

Mkt Land Mkt Structure Mkt Total %Improved M50AssdTotal Levy Code 14-15 Taxes Millage Rate Zoning

: $257,880 : : $257,880 : : $124,980 : 001 : $2,994.99 : 23.9638 : R7

PROPERTY CHARACTERISTICS Bedrooms Bathrooms Family Room Kitchen Dining Room Utility Room Living Room Other Rooms Floor Cov Fireplace Cooling Heat Method Heat Source WallMaterial Water Source Bldg Style

: : : : : : : : : : : : : : : Yes :

BldgSqFt 1stFlrSqFt 2ndFlrSqFt AtticSqFt BsmtFinSqFt BsmtUnFinSqFt BsmtTotalSqFt TotalLvgSqFt GarageSqFt GarageSpaces GarageType Patio SqFt Patio Deck SqFt Deck Stories

: : : : : : : : : : : : : : : :

Year Built Total Units LotAcres LotSqFt Lot Dimen Curb/Gutter StAccess Paving Matl ElecService Nuisance Sewer View Qlty Foundation Roof Mat Roof Shape Const Type

: : : .89 : 38,986 : : : Corner : Paved : : Lt Traffic : Sanitary : : : : :

TRANSFER INFORMATION Owner Name(s) :Wedge David E Tr :Wedge David E/Jeanne : : : :

Sale Date :07/19/2006 :03/11/2005 : : : :

Doc# 6132834 5042558

Sale Price : : : : : :

Deed Type :Warranty :Bargain & : : : :

Loan Amount : : : : : :

Loan Type : : : : : :

This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report.

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Dewitt Park

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Willamette Moorage Park

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Reference Parcel #: 1S1E16DC 00500

Customer Service Department 121 SW Morrison Street Suite 300 Portland, OR 97204 Phone: 503.219.TRIO (8746) Fax: 503.790.7872 Email: cs.portland@firstam.com THIS MAP IS PROVIDED AS A CONVENIENCE IN LOCATING PROPERTY. FIRST AMERICAN TITLE COMPANY OF OREGON ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY AN ACTUAL SURVEY

Reference Parcel #: 1S1E16DC 00500

Prepared Prepared By: By:

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Title 33, Planning and Zoning 1/1/15

Chapter 33.110 Single-Dwelling Zones

33.110 Single-Dwelling Zones

110

Sections: General 33.110.010 Purpose 33.110.020 List of the Single-Dwelling Zones 33.110.030 Other Zoning Regulations Use Regulations 33.110.100 Primary Uses 33.110.110 Accessory Uses 33.110.120 Nuisance-Related Impacts Development Standards 33.110.200 Housing Types Allowed 33.110.212 When Primary Structures are Allowed 33.110.213 Additional Development Standards for Lots and Lots of Record Created Before July 26, 1979 33.110.215 Height 33.110.220 Setbacks 33.110.225 Building Coverage 33.110.227 Trees 33.110.230 Main Entrances in R10 through R2.5 Zones 33.110.232 Street-Facing Facades in R10 through R2.5 Zones 33.110.235 Required Outdoor Areas 33.110.240 Alternative Development Options 33.110.245 Institutional Development Standards 33.110.250 Accessory Structures 33.110.253 Garages 33.110.255 Fences 33.110.257 Retaining Walls 33.110.260 Demolitions 33.110.270 Nonconforming Development 33.110.275 Parking and Loading 33.110.280 Signs

General 33.110.010 Purpose The single-dwelling zones are intended to preserve land for housing and to provide housing opportunities for individual households. The zones implement the comprehensive plan policies and designations for single-dwelling housing. A.

Use regulations. The use regulations are intended to create, maintain and promote singledwelling neighborhoods. They allow for some non-household living uses but not to such an extent as to sacrifice the overall image and character of the single-dwelling neighborhood.

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Development standards. The development standards preserve the character of neighborhoods by providing six different zones with different densities and development standards. The development standards work together to promote desirable residential areas by addressing aesthetically pleasing environments, safety, privacy, energy conservation, and recreational opportunities. The site development standards allow for flexibility of development while maintaining compatibility within the City's various neighborhoods. In addition, the regulations provide certainty to property owners, developers, and neighbors about the limits of what is allowed. The development standards are generally written for houses on flat, regularly shaped lots. Other situations are addressed through special regulations or exceptions.

33.110.020 List of the Single-Dwelling Zones The full names, short names, and map symbols of the single-dwelling residential zones are listed below. When this Title refers to the single-dwelling zones, it is referring to the six zones listed here. When this Title refers to the residential zones, or R zones, it is referring to both the single-dwelling zones in this chapter and the multi-dwelling zones in Chapter 33.120. The Residential Farm/Forest zone is intended to generally be an agricultural zone, but has been named Residential Farm/Forest to allow for ease of reference. Full Name Residential Farm/Forest Residential 20,000 Residential 10,000 Residential 7,000 Residential 5,000 Residential 2,500

Short Name/Map Symbol RF R20 R10 R7 R5 R2.5

33.110.030 Other Zoning Regulations The regulations in this chapter state the allowed uses and development standards for the base zones. Sites with overlay zones, plan districts, or designated historical landmarks are subject to additional regulations. The Official Zoning Maps indicate which sites are subject to these additional regulations. Specific uses or development types may also be subject to regulations in the 200s series of chapters.

Use Regulations 33.110.100 Primary Uses A.

Allowed uses. Uses allowed in the single-dwelling zones are listed in Table 110-1 with a "Y". These uses are allowed if they comply with the development standards and other regulations of this Title. Being listed as an allowed use does not mean that a proposed use will be granted an adjustment or other exception to the regulations of this Title. In addition, a use or development listed in the 200s series of chapters is also subject to the regulations of those chapters.

Limited uses. Uses allowed that are subject to limitations are listed in Table 110-1 with an "L". These uses are allowed if they comply with the limitations listed below and the development standards and other regulations of this Title. In addition, a use or development listed in the 200s series of chapters is also subject to the regulations of those

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Chapter 33.110 Single-Dwelling Zones

chapters. The paragraphs listed below contain the limitations and correspond with the footnote numbers from Table 110-1. 1.

Community Service Uses. This regulation applies to all parts of Table 110-1 that have note [1]. Most Community Service uses are regulated by Chapter 33.815, Conditional Uses. Short term housing and mass shelters have additional regulations in Chapter 33.285, Short Term Housing and Mass Shelters.

Parks And Open Areas. This regulation applies to all parts of Table 110-1 that have note [2]. Parks And Open Areas uses are allowed by right. However, certain accessory uses and facilities which are part of a Parks And Open Areas use require a conditional use review. These accessory uses and facilities are listed below. a.

Swimming pools.

Cemeteries, including mausoleums, chapels, and similar accessory structures associated with funerals or burial.

Golf courses, including club houses, restaurants and driving ranges.

Boat ramps.

Parking areas.

Recreational fields for organized sports. Recreational fields used for organized sports are subject to the regulations of Chapter 33.279, Recreational Fields for Organized Sports.

Daycare. This regulation applies to all parts of Table 110-1 that have note [3]. Daycare uses are allowed by right if locating within a building which contains or contained a College, Medical Center, School, Religious Institution, or a Community Service use.

Radio Frequency Transmission Facilities. This regulation applies to all parts of Table 110-1 that have note [4]. Some Radio Frequency Transmission Facilities are allowed by right. See Chapter 33.274.

Basic Utilities. This regulation applies to all parts of Table 110-1 that have note [5]. a.

Basic Utilities that service a development site are accessory uses to the primary use being served.

Small Scale Energy Production that provides energy for on-site or off-site use are considered accessory to the primary use on the site. Installations that sell power they generate-at retail (net, metered) or wholesale-are included. However, they are only considered accessory if they generate energy from biological materials or byproducts from the site itself, or conditions on the site itself; materials from other sites may not be used to generate energy. The requirements of Chapter 33.262, Off Site Impacts must be met.

All other Basic Utilities are conditional uses.

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Manufacturing And Production. This regulation applies to all parts of Table 110-1 that have note [6]. Utility Scale Energy Production from large wind turbines is a conditional use in the RF zone. All other Manufacturing And Production uses are prohibited.

Agriculture in RF and R20 zones. This regulation applies to all parts of Table 110-1 that have note [7]. Agriculture is an allowed use. Where the use and site meet the regulations of Chapter 33.237, Food Production and Distribution, the applicant may choose whether it is allowed as a Market Garden.

Agriculture in R10 and R7 zones. Agriculture is a conditional use. Where the use and site meet the regulations of Chapter 33.237, Food Production and Distribution, the applicant may choose whether it is allowed as a Market Garden, which does not require a conditional use.

Agriculture in R5 and R2.5 zones. This regulation applies to all parts of Table 110-1 that have note [9]. If the use and site do not meet the regulations of Chapter 33.237, Food Production and Distribution, it is prohibited.

Conditional uses. 1.

Table 110-1. Uses which are allowed if approved through the conditional use review process are listed in Table 110-1 with a "CU". These uses are allowed provided they comply with the conditional use approval criteria for that use, the development standards, and other regulations of this Title. Uses listed with a "CU" that also have a footnote number in the table are subject to the regulations cited in the footnote. In addition, a use or development listed in the 200s series of chapters is also subject to the regulations of those chapters. The conditional use review process and approval criteria are stated in Chapter 33.815, Conditional Uses.

Accessory short-term rentals. Accessory short-term rentals are accessory uses that may require a conditional use review. See Chapter 33.207.

Prohibited uses. Uses listed in Table 110-1 with an "N" are prohibited. Existing uses in categories listed as prohibited may be subject to the regulations of Chapter 33.258, Nonconforming Uses And Development.

33.110.110 Accessory Uses Accessory uses to a primary use are allowed if they comply with all development standards. Accessory home occupations, accessory dwelling units, and accessory short-term rentals have specific regulations in Chapters 33.203, 33.205, and 33.207 respectively. 33.110.120 Nuisance-Related Impacts A.

Off-site impacts. All nonresidential primary and accessory uses must comply with the standards of Chapter 33.262, Off-Site Impacts.

Vehicles. The regulations for operable vehicles and for vehicle service and repair are stated in 33.266.150, Vehicles in Residential Zones. The open accumulation and storage of inoperable, neglected, or discarded vehicles is regulated by Section 29.20.010 of Title 29, Property and Maintenance Regulations.

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Chapter 33.110 Single-Dwelling Zones

Animals. Nuisance-type impacts related to animals are regulated by Title 13, Animals. Title 13 is enforced by the County Health Officer.

Other nuisances. Other nuisances are regulated by Section 29.20.010 of Title 29, Property and Maintenance Regulations.

Table 110-1 Single-Dwelling Zone Primary Uses Use Categories Residential Categories Household Living Group Living Commercial Categories Retail Sales And Service Office Quick Vehicle Servicing Vehicle Repair Commercial Parking Self-Service Storage Commercial Outdoor Recreation Major Event Entertainment Industrial Categories Manufacturing And Production Warehouse And Freight Movement Wholesale Sales Industrial Service Railroad Yards Waste-Related

R20

R10

R2.5

Y CU

N N N N N N N N

CU [6] N

N N

N N N N

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Institutional Categories Basic Utilities L/CU [5] L/CU [5] L/CU [5] L/CU [5] L/CU [5] L/CU [5] Community Service CU [1] CU [1] CU [1] CU [1] CU [1] CU [1] Parks And Open Areas L/CU [2] L/CU [2] L/CU [2] L/CU [2] L/CU [2] L/CU [2] Schools CU CU CU CU CU CU Colleges CU CU CU CU CU CU Medical Centers CU CU CU CU CU CU Religious Institutions CU CU CU CU CU CU Daycare L/CU [3] L/CU [3] L/CU [3] L/CU [3] L/CU [3] L/CU [3] Other Categories Agriculture L [7] L [7] L/CU [8] L/CU [8] L [9] L [9] Aviation And Surface Passenger Terminals CU N N N N N Detention Facilities N N N N N N Mining CU N N N N N Radio Frequency Transmission L/CU [4] L/CU [4] L/CU [4] L/CU [4] L/CU [4] L/CU [4] Facilities Railroad Lines And Utility CU CU CU CU CU CU Corridors Y = Yes, Allowed L = Allowed, But Special Limitations CU = Conditional Use Review Required N = No, Prohibited Notes: • The use categories are described in Chapter 33.920. • Regulations that correspond to the bracketed numbers [ ] are stated in 33.110.100.B. • Specific uses and developments may also be subject to regulations in the 200s series of chapters.

Development Standards 33.110.200 Housing Types Allowed A.

Purpose. Housing types are limited in the single-dwelling zones to maintain the overall image and character of the City's single-dwelling neighborhoods. However, the regulations allow options to increase housing variety and opportunities, and to promote affordable and energy-efficient housing.

Housing types. The kinds of housing types allowed in the single-dwelling zones are stated in Table 110-2.

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Chapter 33.110 Single-Dwelling Zones

Table 110-2 Housing Types Allowed In The Single-Dwelling Zones Housing Type RF R20 R10 R7 R5 House Yes Yes Yes Yes Yes Attached house (See 33.110.240.C & H) No Yes Yes Yes Yes Accessory dwelling unit (See 33.205) Yes Yes Yes Yes Yes Duplexes: On corners (See 33.110.240.E) No Yes Yes Yes Yes On transitional lots (See 33.110.240.H) No Yes Yes Yes Yes Other situations (See 33.110.240.D) No No No No No Manufactured home (See Chapter 33.251) Yes Yes Yes Yes Yes Manufactured Dwelling No No No No No park Houseboat (See Chapter 33.236) Yes Yes Yes Yes Yes Single Room Occupancy (SRO) units No No No No No Attached Duplexes Only in Planned Developments, See Chapter 33.638. Group structure Only when in conjunction with an approved conditional use. Multi-dwelling structure Only in Planned Developments, See Chapter 33.638 Yes = allowed; No = prohibited.

R2.5 Yes Yes Yes Yes Yes Yes Yes No Yes No

33.110.212 When Primary Structures are Allowed A.

Purpose. The regulations of this section allow for development of primary structures on lots and lots of record, but do not legitimize plots that were divided after subdivision and partitioning regulations were established. The regulations also allow development of primary structures on lots that were large enough in the past, but were reduced by condemnation or required dedications for right-of-way.

Adjustments. Adjustments to this section are prohibited.

Primary structures allowed. In all areas outside the West Portland Park Subdivision, primary structures are allowed as follows: 1.

On lots created on or after July 26, 1979;

On lots created through the Planned Development or Planned Unit Development process;

On lots, lots of record, lot remnants, or combinations thereof that have not abutted a lot, lot of record, or lot remnant under the same ownership on July 26, 1979 or any time since that date.

On lots, lots of record, lot remnants, or combinations thereof created before July 26, 1979 that meet the requirements of Table 110-6.

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Primary structures are allowed on lots, lots of record, lot remnants, and combinations thereof that did meet the requirements of Table 110-6 in the past but were reduced below those requirements solely because of condemnation or required dedication by a public agency for right-of-way.

Regulations for West Portland Park. In the West Portland Park subdivision, primary structures are allowed as follows: 1.

On lots created on or after July 26, 1979;

On lots, lots of record, lot remnants, or combinations thereof that have not abutted a lot, lot of record, or lot remnant under the same ownership on July 26, 1979 or any time since that date;

On lots, lots of record, lot remnants, or combinations thereof created before July 26, 1979, that meet the requirements of this paragraph. The requirements are:

R7 zone. In the R7 zone, the lot, lot of record, lot remnant or combinations thereof must be at least 7,000 square feet in area;

R5 zone. In the R5 zone, the lot, lot of record, lot remnant or combinations thereof must be at least 5,000 square feet in area; or

R2.5 zone. In the R2.5 zone, the lot, lot of record, lot remnant or combinations thereof must meet the requirements of Table 110-6;

Primary structures are allowed on lots, lots of record, lot remnants and combinations thereof that did meet the requirements of D.2, above, in the past but were reduced below those requirements solely because of condemnation or required dedication by a public agency for right-of-way.

Plots. Primary structures are prohibited on plots that are not lots, lots of record, lot remnants or tracts.

Nonconforming situations. Existing development and residential densities that do not conform to the requirements of this chapter may be subject to the regulations of Chapter 33.258, Nonconforming Situations. Chapter 33.258 also includes regulations regarding damage to or destruction of nonconforming situations.

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Chapter 33.110 Single-Dwelling Zones

Table 110-6 Minimum Lot Dimension Standards for Lots, Adjusted Lots, Lots of Record, and Lot Remnants Created Prior to July 26, 1979

RF through R7 Zones Lots, including Adjusted Lots [1] Lot Remnants Lots of Record R5 Zone Lots, including Adjusted Lots [1, 3]

36 feet wide and meets the minimum lot area requirement of Table 610-2.

If the lot has had a dwelling unit on it in the last five years or is in an environmental zone [2] If the lot has not had a dwelling unit on it within the last five years and is not in an environmental zone If the lot was approved through a property line adjustment under 33.667.300.A.1.d.

3000 sq. ft. and 36 ft. wide 2400 sq. ft. and 25 ft. wide 1600 sq. ft. and 36 ft. wide

Lot Remnants [3] 3000 sq. ft. and 36 ft. wide Lots of Record [1, 3] 3000 sq. ft. and 36 ft. wide R2.5 Zone Lots, including Adjusted Lots [1] 1600 sq. ft. Lot Remnants Lots of Record Notes: [1] If the property is both an adjusted lot and a lot of record, the site may meet the standards for adjusted lots. [2] Primary structures are allowed if the site has had a dwelling unit on it within the last five years that has been demolished as a public nuisance under the provisions of Chapter 29.40.030 or 29.60.080. The site is exempt from minimum lot dimension standards. [3] Primary structures are allowed on a site if it has been under a separate tax account number from abutting lots or lots of record on April 24, 2010 or an application was filed with the City before April 24, 2010 authorizing a separate tax account and the site has been under separate tax account from abutting lots or lots of record by April 24, 2011. The site is exempt from minimum lot dimension standards.

33.110.213 Additional Development Standards for Lots and Lots of Record Created Before July 26, 1979 A.

Purpose. These standards increase the compatibility of new houses on small and narrow lots.

Where these regulations apply. 1.

RF through R7 zones. These regulations apply in the RF through R7 zones, if the lot, lot of record, or combination of lots or lots of record is less than 36 feet wide and has not abutted any lot or lot of record owned by the same family or business on July 26, 1979, or any time since that date.

R5 zone. In the R5 zone, these regulations apply to lots, lots of record, or combinations of lots or lots of record that were created before July 26, 1979 and are:

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Less than 3,000 square feet in area; or

Less than 36 feet wide.

R2.5 zone. In the R2.5 zone, these regulations apply to lots, lots of record, or combinations of lots or lots of record that were created before July 26, 1979 and are less than 1,600 square feet in area.

Planned unit developments. Lots in planned unit developments are exempt from the requirements of this section.

Standards. Modifications to the standards of this subsection may be requested through Design Review. Adjustments are prohibited. The standards are: 1.

Maximum height. The maximum height allowed for all structures is 1.5 times the width of the structure, up to the maximum height limit listed in Table 110-3;

Maximum building coverage. The maximum combined building coverage for structures on lots, adjusted lots, and lots of record in the R5 zone that have not had a dwelling unit on it in the last five years, and is not in an environmental zone is 40 percent.

Main entrance. The main entrance that meets Subsection 33.110.230.C, Main entrances in R10 through R2.5 Zones, must be within 4 feet of grade. For the purposes of this requirement, grade is the average grade measured along the foundation of the longest street-facing wall of the dwelling unit. See Figure 110-7;

Garage door. In addition to meeting the requirements of 33.110.253.E, if the garage door is part of the street-facing faรงade, it may not be more than 8 feet wide. If there is more than one garage door, the combined width may not be more than 8 feet;

No parking required. No off-street parking is required;

Exterior finish materials. The standards of this paragraph must be met on all building facades. a.

Plain concrete block, plain concrete, corrugated metal, plywood, composite materials manufactured from wood or other products, and sheet pressboard may not be used as exterior finish material, except as secondary finishes if they cover no more than 10 percent of each faรงade.

Composite boards manufactured from wood or other products, such as hardboard or hardplank, may be used when the board product is less than 6 inches wide;

Where wood products are used for siding, the siding must be shingles, or horizontal siding, not shakes;

Where horizontal siding is used, it must be shiplap or clapboard siding composed of boards with a reveal of 6 inches or less, or vinyl or aluminum siding which is in a clapboard or shiplap pattern where the boards in the pattern are 6 inches or less in width;

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Chapter 33.110 Single-Dwelling Zones

Siding material may not cover required window and door trim.

Trim. Trim must mark all building rooflines, porches, windows, and doors on all facades. The trim must be at least 3-1/2 inches wide. Buildings with an exterior material of stucco or masonry are exempt from this standard;

Eaves. Roof eaves must project from the building wall at least 12 inches on all elevations; and

Attached housing. Attached housing is allowed, but no more than two units may be attached. Attached housing allowed under this provision is not subject to the development standards of subsection 33.110.240.C.

10. Setbacks. Adjustments to minimum required setbacks are prohibited. Modifications may be requested through Design Review.

Table 110-3 Summary of Development Standards In Single-Dwelling Zones Standard

R20

R10

Maximum Height (See 33.110.215)

30 ft.

R2.5 detached attached See 33.110.240.C 35 ft. 35 ft.

20 ft.

15 ft.

10 ft.

5 ft.

0/5 ft

10 ft.

5 ft.

18 ft.

Minimum Setbacks - Front building setback - Side building setback - Rear building setback - Garage entrance setback (See 33.110.220) Required Outdoor Area - Minimum area - Minimum dimension (See 33.110.235)

250 sq. ft. 250 sq. ft. 250 sq. ft. 250 sq. ft. 250 sq. ft. 250 sq. ft. 200 sq. ft. 12 ft. x 12 ft.

12 ft. x 12 ft.

10 ft. x 10 ft.

33.110.215 Height A. Purpose. The height standards serve several purposes: • • •

They promote a reasonable building scale and relationship of one residence to another; They promote options for privacy for neighboring properties; and They reflect the general building scale and placement of houses in the city's neighborhoods.

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B. Maximum height. 1.

Generally. The maximum height allowed for all structures is stated in Table 110-3. The maximum height standard for institutional uses is stated in 33.110.245, Institutional Development Standards.

Exceptions. a.

R10-R5 zones. The maximum height for all structures on new narrow lots in the R10 to R5 zones is 1.2 times the width of the structure, up to the maximum height limit listed in Table 110-3; and

R2.5 zone. The maximum height for all structures on new narrow lots in the R2.5 zone is 1.5 times the width of the new structure, up to the maximum height limit listed in Table 110-3. For the purposes of this Paragraph, width is the length of the street-facing faรงade of the dwelling unit. See Figure 110-1. Modifications are allowed through Planned Development Review, see Chapter 33.638, Planned Development. Adjustments to this paragraph are prohibited. Figure 110-1 Width of Street-Facing Faรงade

Exceptions to the maximum height. 1.

Chimneys, flag poles, satellite receiving dishes and other similar items with a width, depth, or diameter of 3 feet or less may extend above the height limit, as long as they do not exceed 5 feet above the top of the highest point of the roof. If they are greater than 3 feet in width, depth, or diameter, they are subject to the height limit.

Farm buildings such as silos and barns are exempt from the height limit as long as they are set back from all lot lines, at least one foot for every foot in height.

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Antennas, utility power poles, and public safety facilities are exempt from the height limit.

Small wind turbines are subject to the standards of Chapter 33.299.

Roof mounted solar panels are not included in height calculations, and may exceed the maximum height limit if the following are met; a.

For flat roofs or the horizontal portion of mansard roofs, they may extend up to 5 feet above the top of the highest point of the roof.

For pitched, hipped or gambrel roofs, they must be mounted no more than 12 inches from the surface of the roof at any point, and may not extend above the ridgeline of the roof. The 12 inches is measured from the upper side of the solar panel.

Alternative height limits for steeply sloping lots. 1.

Downhill slope from street. On lots that slope downhill from the street with an average slope of 20 percent or greater, the height limit is the higher of either 23 feet above the average grade of the street, or the normal height limit calculated as stated in Chapter 33.930, Measurements. In addition, the alternative height and setback standards of Subsection 33.110.220.D apply.

Uphill slope from the street. On lots that slope uphill from the street with an average slope of 20 percent or greater the alternative height and setback standards of Subsection 33.110.220.D apply.

33.110.220 Setbacks A.

Purpose. The setback regulations for buildings and garage entrances serve several purposes: • • • • • •

• B.

They maintain light, air, separation for fire protection, and access for fire fighting; They reflect the general building scale and placement of houses in the city's neighborhoods; They promote a reasonable physical relationship between residences; They promote options for privacy for neighboring properties; They require larger front setbacks than side and rear setbacks to promote open, visually pleasing front yards; They provide adequate flexibility to site a building so that it may be compatible with the neighborhood, fit the topography of the site, allow for required outdoor areas, and allow for architectural diversity; and They provide room for a car to park in front of a garage door without overhanging the street or sidewalk, and they enhance driver visibility when backing onto the street.

Required setbacks. The required setbacks for buildings and garage entrances are stated in Table 110-3. The walls of the garage structure are subject to the front, side, and rear building setbacks stated in Table 110-3. The minimum setbacks for institutional uses are stated in 33.110.245. Other setbacks may apply to specific types of development or situations. For example, setbacks for parking areas are stated in Chapter 33.266, Parking

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and Loading, special setbacks in the Laurelhurst and Eastmoreland subdivisions are stated in Chapter 33.540, and special street setbacks are stated in Chapter 33.288. C.

Extensions into required building setbacks. 1.

Minor features of a building such as eaves, chimneys, fire escapes, water collection cisterns and planters, bay windows, and uncovered balconies, may extend into a required building setback up to 20 percent of the depth of the setback. However, they must be at least three feet from a lot line, except as allowed in Section 33.110.250, Accessory Structures. Bays and bay windows extending into the setback also must meet the following requirements: a.

Each bay and bay window may be up to 12 feet long, but the total area of all bays and bay windows on a building faรงade cannot be more than 30 percent of the area of the faรงade;

At least 30 percent of the area of the bay which faces the property line requiring the setback must be glazing or glass block;

Bays and bay windows must cantilever beyond the foundation of the building; and

The bay may not include any doors.

Accessory structures. The setback standards for accessory structures including mechanical equipment are stated in 33.110.250, below. Fences are addressed in 33.110.255, below. Detached accessory dwelling units are addressed in Chapter 33.205.

Exceptions to the required setbacks. 1.

Setback averaging. The front building setback, garage entrance setback, and the setback of decks, balconies, and porches may be reduced to the average of the respective setbacks on the abutting lots. See Chapter 33.930, Measurements, for more information.

Flag lots. The lot in front of a flag lot may reduce its side building setback along the flag pole lot line to 3 feet. Eaves may be within 2 feet of the flag pole lot line. All other setback requirements remain the same.

Environmental zone. The front building and garage entrance setback may be reduced to zero where any portion of the site is in an environmental overlay zone. Where a side lot line is also a street lot line the side building and garage entrance setback may be reduced to zero. All other provisions of this Title apply to the building and garage entrance.

Steeply sloping lots. This provision applies to lots which slope up or down from the street with an average slope of 20 percent or greater. See Chapter 33.930, Measurements, for more information on how to measure average slope.

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In the RF, R20, R10, and R7 zones, the front building setback for the dwelling may be reduced to 10 feet. However, the height limitations of subparagraph c. below apply. See Figures 110-2 and 110-3.

In all single-dwelling residential zones, the front building setback for the garage wall and/or the garage entrance setback may be reduced to five feet. However, the height limitations of c. below apply. See Figures 110-2 and 110-3.

Height limitation. The height limit in the area of the reduced setback is lowered one foot for every foot of reduced setback. See Figures 110-2 and 110-3.

Established building lines. The front, side, or rear building setback may be reduced for sites with existing nonconforming development in a required setback. The reduction is allowed if the width of the portion of the existing wall within the required setback is at least 60 percent of the width of the respective facade of the existing structure. The building line created by the nonconforming wall serves as the reduced setback line. Eaves associated with the nonconforming wall may extend the same distance into the reduced setback as the existing eave. However, side or rear setbacks may not be reduced to less than 3 feet in depth and eaves may not project closer than 2 feet to the side or rear property line. See Figure 110-4. This reduced setback applies to new development that is no higher than the existing nonconforming wall. For example, a second story could not be placed up to the reduced setback line if the existing nonconforming wall is only one story high.

Split zoning. No setbacks are required from an internal lot line that is also a zoning line on sites with split zoning.

Land divisions with existing development. In the R7, R5, and R2.5 zones, the following setback reductions are allowed when proposed as part of a land division:

The minimum setback between an existing building and a side lot line along a proposed right-of-way dedication or street tract may be reduced to three feet;

When a dedication of public right-of-way along the frontage of an existing street is required as part of a land division, the minimum front or side setback between an existing building and a lot line that abuts the right-of-way may be reduced to zero. Future additions or development must meet required minimum setbacks.

Eaves on an existing building may extend one foot into the reduced setback allowed by D.7.a. or b. above, except they may not extend into the right-of-way.

Alley. No side, rear, or garage entrance setback is required from a lot line abutting an alley.

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Figure 110-2 Exceptions To Front Building Setback And Garage Entrance Setback—Downhill

Figure 110-3 Exceptions To Front Building Setback And Garage Entrance Setback—Uphill

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Chapter 33.110 Single-Dwelling Zones Figure 110-4 Established Building Lines

33.110.225 Building Coverage A.

Purpose. The building coverage standards, together with the height and setback standards control the overall bulk of structures. They are intended to assure that taller buildings will not have such a large footprint that their total bulk will overwhelm adjacent houses. Additionally, the standards help define the character of the different zones by limiting the amount of buildings allowed on a site.

Building coverage standards. The maximum combined building coverage allowed on a site for all covered structures is stated in Table 110-4.

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Table 110-4 Maximum Building Coverage Allowed in the RF through R2.5 Zones [1] Lot Size Maximum Building Coverage Less than 3,000 sq. ft. 50% of lot area 3,000 sq. ft or more but less than 5,000 sq. ft. 1,500 sq. ft. + 37.5% of lot area over 3,000 sq. ft. 5,000 sq. ft. or more but less than 20,000 sq. ft. 2,250 sq. ft + 15% of lot area over 5,000 sq. ft. 20,000 sq. ft. or more 4,500 sq. ft. + 7.5% of lot area over 20,000 sq. ft. Notes: [1] Group Living uses are subject to the maximum building coverage for institutional development stated in Table 110-5.

33.110.227 Trees Requirements for street trees and for on-site tree preservation, protection, and overall tree density are specified in Title 11, Trees. See Chapter 11.50, Trees in Development Situations. 33.110.230 Main Entrances in R10 through R2.5 Zones A.

Purpose. These standards: • • • • •

Together with the street-facing façade and garage standards, ensure that there is a physical and visual connection between the living area of the residence and the street; Enhance public safety for residents and visitors and provide opportunities for community interaction; Ensure that the pedestrian entrance is visible or clearly identifiable from the street by its orientation or articulation; and Ensure that pedestrians can easily find the main entrance, and so establish how to enter the residence. Ensure a connection to the public realm for development on lots fronting both private and public streets by making the pedestrian entrance visible or clearly identifiable from the public street.

Where these standards apply. 1.

The standards of Subsection C apply to houses, attached houses, manufactured homes, and duplexes in the R10 through R2.5 zones;

The standard of Subsection D applies to attached houses on new narrow lots.

Where a proposal is for an alteration or addition to existing development, the standards of this section apply only to the portion being altered or added;

On sites with frontage on both a private street and a public street, the standards apply to the site frontage on the public street. On all other sites with more than one street frontage, the applicant may choose on which frontage to meet the standards.

Development on flag lots or on lots that slope up or down from the street with an average slope of 20 percent or more is exempt from these standards; and

Subdivisions and PUDs that received preliminary plan approval between September 9, 1990, and September 9, 1995, are exempt from these standards.

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Location. At least one main entrance for each structure must: 1.

Be within 8 feet of the longest street-facing wall of the dwelling unit; and

Either: a.

Face the street. See Figure 110-5;

Be at an angle of up to 45 degrees from the street; or

Open onto a porch. See Figure 110-6. The porch must: (1) Be at least 25 square feet in area; (2) Have at least one entrance facing the street; and (3) Have a roof that is: â&#x20AC;˘ No more than 12 feet above the floor of the porch; and â&#x20AC;˘ At least 30 percent solid. This standard may be met by having 30 percent of the porch area covered with a solid roof, or by having the entire area covered with a trellis or other open material if no more than 70 percent of the area of the material is open.

Distance from grade. The main entrance that meets Subsection .C, above, must be within 4 feet of grade. For the purposes of this Subsection, grade is the average grade measured along the foundation of the longest street-facing wall of the dwelling unit. See Figure 1107. Modifications to this standard are allowed through Planned Development Review. See Chapter 33.638, Planned Development. Adjustments are prohibited. Figure 110-5 Main Entrance Facing the Street

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Title 33, Planning and Zoning 1/1/15 Figure 110-6 Main Entrance Opening onto a Porch

Figure 110-7 Calculation of Grade: (Elevation A + Elevation B) / 2

33.110.232 Street-Facing Facades in R10 through R2.5 Zones A.

Purpose. This standard: • • •

Together with the main entrance and garage standards, ensures that there is a visual connection between the living area of the residence and the street; Enhances public safety by allowing people to survey their neighborhood from inside their residences; and Provides a more pleasant pedestrian environment by preventing large expanses of blank facades along streets. 110-20

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Where this standard applies. The standard of this section applies to houses, attached houses, manufactured homes, and duplexes in the R10 through R2.5 zones. Where a proposal is for an alteration or addition to existing development, the applicant may choose to apply the standard either to the portion being altered or added, or to the entire streetfacing facade. Development on flag lots or on lots that slope up or down from the street with an average slope of 20 percent or more are exempt from this standard. In addition, subdivisions and PUDs that received preliminary plan approval between September 9, 1990, and September 9, 1995, are exempt from this standard.

The standard. At least 15 percent of the area of each faรงade that faces a street lot line must be windows or main entrance doors. Windows used to meet this standard must allow views from the building to the street. Glass block does not meet this standard. Windows in garage doors do not count toward meeting this standard, but windows in garage walls do count toward meeting this standard. To count toward meeting this standard, a door must be at the main entrance and facing a street lot line.

33.110.235 Required Outdoor Areas A.

Purpose. The required outdoor areas standards assure opportunities in the single-dwelling zones for outdoor relaxation or recreation. The standards work with the maximum building coverage standards to ensure that some of the land not covered by buildings is of an adequate size and shape to be usable for outdoor recreation or relaxation. The location requirements provide options for private or semiprivate areas. The requirement of a required outdoor area serves in lieu of a large rear setback requirement and is an important aspect in addressing the livability of a residential structure.

Required outdoor area sizes. The minimum sizes of required outdoor areas per dwelling unit are stated in Table 110-3. The shape of the outdoor area must be such that a square of the stated dimension will fit entirely in the outdoor area.

Requirements. 1.

The required outdoor area must be a contiguous area and may be on the ground or above ground.

The area must be surfaced with lawn, pavers, decking, or sport court paving which allows the area to be used for recreational purposes. User amenities, such as tables, benches, trees, planter boxes, garden plots, drinking fountains, spas, or pools may be placed in the outdoor area. It may be covered, such as a covered patio, but it may not be fully enclosed.

General landscaped areas which are included as part of the required outdoor area may extend into the required side and rear building setback, but the required outdoor area may not be located in the front building setback.

33.110.240 Alternative Development Options A.

Purpose. The alternative development options allow for variety in development standards while maintaining the overall character of a single-dwelling neighborhood. These options have several public benefits:

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They allow for development which is more sensitive to the environment, especially in hilly areas and areas with water features and natural drainageways; They allow for the preservation of open and natural areas; They promote better site layout and opportunities for private recreational areas; They promote opportunities for affordable housing; They promote energy-efficient development; and They allow for the provision of alternative structure types where density standards are met. They reduce the impact that new development may have on surrounding residential development.

General requirements for all alternative development options. The alternative development options listed in this section are allowed by right unless specifically stated otherwise. The project must comply with all of the applicable development standards of this section. The project must also conform with all other development standards of the base zone unless those standards are superseded by the standards in this section.

Attached housing. Attached housing allows for more efficient use of land and for energyconserving housing. 1.

R20 through R5 zones. a.

Lot dimensions. Each attached house must be on a lot that complies with the lot dimension standards for new lots in the base zone stated in Chapter 33.610, Lots in RF through R5 Zones.

Building setbacks. (1) Interior (noncorner) lots. On interior lots the side building setback on the side containing the common wall is reduced to zero. The reduced setback applies to all buildings on the lot and extends along the full length of the lot line that contains the common or abutting wall. The side building setback on the side opposite the common wall must be double the side setback standard of the base zone. (2) Corner lots. On corner lots either the rear setback or nonstreet side setback may be reduced to zero. However, the remaining nonstreet setback must comply with the requirements for a standard rear setback.

Number of units. Two attached houses may have a common wall. Structures made up of three or more attached houses are prohibited unless approved as a Planned Development.

Landscape standards. The following landscape standards must be met on lots in the R10 through R5 zones that do not meet the minimum lot width standard of 33.610.200.D.1, and were created by a land division submitted after July 1, 2002. Modification of these standards is allowed through Planned Development Review. See Chapter 33.638, Planned Development. Adjustments are prohibited.

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(1) All street-facing facades must have landscaping along the foundation. There must be at least one three-gallon shrub for every 3 lineal feet of foundation; and (2) Sixty percent of the area between the front lot line and the front building line must be landscaped. At a minimum, the required landscaped area must be planted with ground cover. Up to one-third of the required landscaped area may be for recreational use, or for use by pedestrians. Examples include walkways, play areas, or patios. 2.

R2.5 zone. a.

Density and lot size. The density and minimum lot dimension standards are stated in Chapter 33.611, Lots in the R2.5 Zone, apply.

Number of units. Up to eight attached houses may have common walls. Structures made up of nine or more attached houses are prohibited.

Building setbacks. (1) Perimeter building setbacks. The front, side, and rear building around the perimeter of an attached housing project are the base zone.

setbacks those of

(2) Interior building setbacks. The side building setback on the side containing the common wall is reduced to zero. The reduced setback extends along the full length of the lot line that contains the common or abutting wall. (3) Corner lots. On corner lots either the rear setback or nonstreet side setback may be reduced to zero. However, the remaining nonstreet setback must comply with the requirements for a standard rear setback. d.

Landscape standards. The following landscape standards must be met on lots in the R2.5 zone that do not meet the minimum lot width standard of 33.611.200.C.1, and were created by a land division submitted after July 1, 2002. Modification of these standards is allowed through Planned Development Review. See Chapter 33.638, Planned Development. Adjustments are prohibited: (1) All street-facing facades must have landscaping along the foundation. There must be at least one three-gallon shrub for every 3 lineal feet of foundation; and (2) Sixty percent of the area between the front lot line and the front building line must be landscaped. At a minimum, the required landscaped area must be planted with ground cover. Up to one-third of the required landscaped area may be for recreational use, or for use by pedestrians. Examples include walkways, play areas, or patios.

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Duplex in R2.5 zone. Duplexes are allowed in the R2.5 zone if the following are met: 1.

Density. A maximum density of 1 unit per 2,500 square feet of site area is allowed. Density for this standard is calculated before public right-of-way dedications are made;

Development standards. Duplexes must comply with the height, building setback, building coverage, and required outdoor area requirements of the base zone, overlay zone, or plan district; and

Front facade. Fire escapes, or exterior stairs that provide access to an upper level are not allowed on the front facade of the building.

Duplexes and attached houses on corners. This provision allows new duplexes and attached houses in locations where their appearance and impact will be compatible with the surrounding houses. Duplexes and attached houses on corner lots can be designed so each unit is oriented towards a different street. This gives the structure the overall appearance of a house when viewed from either street. 1.

Qualifying situations. This provision applies to corner lots in the R20 through R2.5 zones.

Density. One extra dwelling unit is allowed up to a maximum of two units.

Lot dimension regulations. Lots in the R20 through R2.5 zones must meet the lot dimension regulations of this section. Adjustments are prohibited. a.

In the R20 through R7 zones: (1) Duplexes. Lots for duplexes must meet the minimum lot dimension standards for new lots in the base zone. (2) Attached houses. Where attached houses are proposed, the original lot, before division for the attached house proposal, must meet the minimum lot dimension standards for new lots in the base zone. The new lots created for the attached houses must meet the minimum lot dimension standards stated in Chapter 33.611, Lots in the R2.5 Zone. (3) Attached houses as a result of a Property Line Adjustment. Attached houses are allowed on adjusted lots that are a result of a Property Line Adjustment.

In the R5 zone: (1) Duplexes. Lots for duplexes must be at least 4,500 square feet in area. (2) Attached houses as a result of a land division. Where attached houses are proposed, the original lot, before division for the attached house proposal, must be at least 4,500 square feet. The new lots created for the attached houses must meet the minimum lot dimension standards stated in Chapter 33.611, Lots in the R2.5 Zone. (3) Attached houses as a result of a Property Line Adjustment. Attached houses are allowed on adjusted lots that are a result of a Property Line Adjustment.

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In the R2.5 zone: (1) Duplexes. Lots for duplexes must be at least 3,000 square feet in area. (2) Attached houses as a result of a land division. Where attached houses are proposed, the original lot, before division for the attached house proposal, must be at least 3,000 square feet. There are no minimum lot dimension standards for the new lots. (3) Attached houses as a result of a Property Line Adjustment. Attached houses are allowed on adjusted lots that are a result of a Property Line Adjustment.

Development standards. Both units of the duplex or attached houses must meet the following standards to ensure that the two units have compatible elements. Adjustments to this paragraph are prohibited, but modifications may be requested through Design Review. The standards are: a.

Entrances. Each of the units must have its address and main entrance oriented towards a separate street frontage. Where an existing house is being converted to two units, one main entrance with internal access to both units is allowed;

Height. If attached housing is proposed, the height of the two units must be within four feet of each other; and

On both units: (1) Exterior finish materials. The exterior finish material must be the same, or visually match in type, size and placement. (2) Roof pitch. The predominant roof pitch must be the same. (3) Eaves. Roof eaves must project the same distance from the building wall. (4) Trim. Trim must be the same in type, size and location. (5) Windows. Windows must match in proportion and orientation.

Flag lot development standards. The development standards for flag lots include specific screening and setback requirements to protect the privacy of abutting residences. The following standards apply to development on flag lots: 1.

Setbacks. Flag lots have required building setbacks that are the same along all lot lines. The required setbacks are: Zone RF, R20, R10 R7, R5, R2.5

Setback 15 feet 10 feet

Landscaped buffer area. In the R7 through R2.5 zones, on lots that are 10,000 square feet or less in area, a landscaped area is required around the perimeter of the flag lot to buffer the flag portion from surrounding lots. The pole and the lot lines that are internal to the original land division site, or adjacent to an alley, are exempt from this requirement. The landscaped area must be at least 5 feet deep and be landscaped to

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at least the L3 standard. It may be reduced where the pole portion meets the flag portion to accommodate a 9-foot driveway. See Figure 110-9. 3.

Building coverage. Only the area of the flag portion of the flag lot is considered when calculating building coverage. The area of the pole portion of the lot is not included.

Required outdoor area. The required outdoor area may not extend into the required landscaped buffer area required by F.2.

Detached garages and accessory structures. Detached garages and accessory structures may project into the flag lot setbacks as allowed in 33.110.250 and 33.110.253. However, these structures may not extend into the landscaped buffer area required by F.2.

Planned development. See Chapter 33.638, Planned Developments.

Transitional sites. The transitional site standards allow for a transition of development intensities between nonresidential and single-dwelling zones. A stepped increase in density is allowed on single-dwelling zoned lots that are adjacent to most commercial, employment or industrial zones. The transition site provisions promote additional housing opportunities in a way that has minimal impacts on built-up single-dwelling neighborhoods. 1.

Qualifying situations. The transitional site regulations apply only to lots in the R20 through R2.5 zones which have a side lot line that abuts a lot in the C, E, or I zones, except for the CN and CO zones. The side lot line of the residential lot must abut the lot in a nonresidential zone for more than 50 percent of the residential lot's length. If the lot is part of an attached housing project, the extra unit allowed by this subsection applies to the attached housing project, rather than just to the lot adjacent to the nonresidential zone.

Density. The lot or attached housing project may have one dwelling unit more than the density allowed by 33.610.100.C.1 and 33.611.100.C.1.

Lot dimensions. Lots must comply with the lot dimension standard for new lots in the base zone listed in Chapters 33.610 and 33.611.

Housing types allowed. The lot may contain a duplex or be divided for attached houses. If the development is in the form of an attached house, the site development regulations for attached houses in the R2.Z zone apply.

Lot coverage. For attached housing projects, the general lot coverage standard of the base zone applies to the entire project, rather than to each individual lot.

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Chapter 33.110 Single-Dwelling Zones Figure 110-9 Flag Lot Description and Buffer

Zero lot line. A zero lot line development is where houses in a development on a common street frontage are shifted to one side of their lot. See Figure 110-10. This provides for greater usable yard space on each lot. These developments require that the planning for all of the house locations be done at the same time. Because the exact location of each house is predetermined, greater flexibility in site development standards is possible while assuring that the single-dwelling character is maintained. 1.

Qualifying situations. Zero lot line developments are allowed for houses in the R20 through R2.5 zones.

Procedure. Zero lot line developments are allowed by right. Restrictions which assure the minimum distance between houses, and any required easements, must be recorded on the deeds of the applicable lots. Proof of such recording must be submitted as part of the building permit application.

Building setbacks. The side building setback on one side of the house may be reduced to zero. This reduction does not apply to the side building setback adjacent to a street, or to the side building setback adjacent to lots that are not part of the zero lot line project.

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Additional site development standards. a.

Distance between houses. The minimum distance between all buildings in the development must be equal to twice the required side building setback standard of the base zone. A deed restriction must be recorded on the deed of each applicable lot to ensure the continued fulfillment of this setback.

Eaves. The eaves on the side of a house with a reduced setback may project a maximum of 18 inches over the adjacent property line. In this case, an easement for the eave projection must be recorded on the deed for the lot where the projection occurs.

Maintenance. An easement between the two property owners to allow for maintenance or repair of the house is required when the eaves or side wall of the house are closer than four feet to the adjacent property line. The easement on the adjacent property must be wide enough to allow four feet between the eaves or side wall and the edge of the easement.

Privacy. If the side wall of the house is on the property line, or within three feet of the property line, windows or other openings which allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed.

Permit-Ready Houses. Chapter 33.278 contains provisions for Permit-Ready houses on narrow lots. Figure 110-10 Zero Lot Line Development

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33.110.245 Institutional Development Standards A.

Purpose. The general base zone development standards are designed for residential buildings. Different development standards are needed for institutional uses which may be allowed in single-dwelling zones. The intent is to maintain compatibility with and limit the negative impacts on surrounding residential areas.

Use categories to which these standards apply. The standards of this section apply to uses in the institutional group of use categories, whether allowed by right, allowed with limitations, or subject to a conditional use review. The standards apply to new development, exterior alterations, and conversions to institutional uses. Recreational fields used for organized sports on a school, school site, or in a park, are subject to Chapter 33.279, Recreational Fields for Organized Sports.

The standards. 1.

The development standards are stated in Table 110-5. If not addressed in this section, the regular base zone development standards apply.

Setbacks on a transit street or in a Pedestrian District. a.

Purpose. The purpose of these regulations is to reduce reliance on the automobile and encourage pedestrians and transit riders by ensuring safe and convenient pedestrian access to buildings.

Building setbacks on a transit street or in a Pedestrian District. Buildings on a transit street or in a Pedestrian District must meet the provisions of 33.130.215.B.1 and B2.

Conflicts. (1) If the depth of the minimum building setback or buffering standards conflicts with the maximum building setback standard, the depth of the maximum building setback standard supersedes the depth of the minimum building setback and buffering standards. (2) If the depth of the minimum setback standard for detached accessory structures conflicts with the depth of the minimum buffering standard, the depth of the minimum buffering standard supersedes the depth of the minimum setback standard for detached accessory structures.

Exception. Development that is not subject to conditional use review under Section 33.815.040 is exempt from the maximum transit street setback requirement.

Exterior storage. Exterior storage of materials or equipment is prohibited.

Outdoor activity facilities. Except as specified in paragraph C.5. below, outdoor activity facilities, such as swimming pools, basketball courts, tennis courts, or baseball diamonds must be set back 50 feet from abutting R-zoned properties. Playground facilities must be set back 25 feet from abutting R-zoned properties if not illuminated,

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and 50 feet if illuminated. Where the outdoor activity facility abuts R-zoned properties in School uses, the required setback is reduced to zero. 5.

Recreational fields for organized sports. Recreational fields used for organized sports on a school, school site, or in a park, are subject to Chapter 33.279, Recreational Fields for Organized Sports.

Mechanical equipment. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators must be screened from the street and any abutting residential zones by walls, fences, or vegetation. Screening must comply with at least the L2 or F2 standards of Chapter 33.248, Landscaping and Screening, and be tall enough to screen the equipment. Mechanical equipment placed on roofs must be screened in one of the following ways, if the equipment is within 50 feet of an R zone: a.

A parapet along facades facing the R zone that is as tall as the tallest part of the equipment;

A screen around the equipment that is as tall as the tallest part of the equipment; or

The equipment is set back from roof edges facing the R zone 3 feet for each foot of height of the equipment.

Electrical substations. In addition to the standards in Table 110-5, the entire perimeter of electrical substations, including the street lot line (except for the access point), must be landscaped to the L3 standards stated in Chapter 33.248. This landscaping must be planted on the outside of any security fence. Electrical substations that are in a fully enclosed building are exempt from this requirement.

Grassy areas. Grassy play areas, golf courses, cemeteries, and natural areas are not subject to the L3 landscaping standard of Table 110-5 and are exempt from the setback standard of Paragraph 4, above.

Garbage and recycling collection areas. All exterior garbage cans. Garbage collection areas, and recycling collection areas must be screened from the street and any adjacent properties. Trash receptacles for pedestrian use are exempt. Screening must comply with at least the L3 or F2 standards of Chapter 33.248, Landscaping and Screening.

10. Pedestrian standards. The on-site pedestrian circulation system must meet the standards of Section 33.120.255, Pedestrian Standards.

Table 110-5 Institutional Development Standards [1] Minimum Site Area for New Uses Maximum Floor Area Ratio [2] Maximum Height [3] Minimum Building Setbacks [2]

10,000 sq. ft. 0.5 to 1 50 ft. 1 ft. back for every 2 ft. of bldg. height, but in no case less than 15 ft.

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Maximum Building Setback Transit Street or Pedestrian District

20 ft. or per CU/IMP review

Maximum Building Coverage [2] 50% of site area Minimum Landscaped Area [2,4] 25% of site area to the L1 standard Buffering from Abutting Residential Zone [5] 15 ft. to L3 standard Buffering Across a Street from a Residential Zone [5] 15 ft. to L1 standard Setbacks for All Detached Accessory Structures Except Fences [6] 10 ft. Parking and Loading See Chapter 33.266, Parking And Loading Signs See Title 32, Signs and Related Regulations Notes: [1] The standards of this table are minimums or maximums as indicated. Compliance with the conditional use approval criteria might preclude development to the maximum intensity permitted by these standards. [2] For campus-type developments, the entire campus is treated as one site. Setbacks are only measured from the perimeter of the site. The setbacks in this table only supersede the setbacks required in Table 110-3. The normal regulations for projections into setbacks and for detached accessory structures still apply. [3] Towers and spires with a footprint of 200 square feet or less may exceed the height limit, but still must meet the setback standard. All rooftop mechanical equipment must be set back at least 15 feet from all roof edges that are parallel to street lot lines. Elevator mechanical equipment may extend up to 16 feet above the height limit. Other rooftop mechanical equipment that cumulatively covers no more than 10 percent of the roof area may extend 10 feet above the height limit. [4] Any required landscaping, such as for required setbacks or parking lots, applies towards the landscaped area standard. [5] Surface parking lots are subject to the parking lot setback and landscaping standards stated in Chapter 33.266, Parking And Loading. [6] Setbacks for structures that are accessory to recreational fields for organized sports on a school, school site, or in a park, are stated in Chapter 33.279, Recreational Fields for Organized Sports.

33.110.250 Accessory Structures A.

Purpose. This section regulates structures that are incidental to primary buildings to prevent them from becoming the predominant element of the site. The standards provide for necessary access around structures, help maintain privacy to abutting lots, and maintain open front setbacks.

General standards. 1.

The regulations of this section apply to all accessory structures. Additional regulations for accessory dwelling units are stated in Chapter 33.205.

Accessory structures are allowed on a lot only in conjunction with a primary building, and may not exist on a lot prior to the construction of the primary structure, except as allowed by Paragraph B.3, below.

A detached accessory structure that becomes the only structure on a lot as the result of a land division, a property line adjustment, or a separation of ownership may remain on the lot if the owner has executed a covenant with the City that meets the requirements of Section 33.700.060. a.

For a land division, the covenant must require the owner to remove the accessory structure if, within two years of final plat approval, a primary structure

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has not been built and received final inspection. The covenant must be executed with the City prior to final plat approval. b.

4. C.

For a property line adjustment or a separation of ownership, the covenant must require the owner to remove the accessory structure if a primary structure has not been built and received final inspection within two years. The two years begins on the date the letter from BDS confirming the property line adjustment or separation of ownership is mailed. The covenant must be executed with the City before the final letter from BDS is issued.

Unless stated otherwise in this section, the height and building coverage standards of the base zone apply to accessory structures.

Setbacks. 1.

Mechanical equipment. Mechanical equipment includes items such as heat pumps, air conditioners, emergency generators, and water pumps. Mechanical equipment is not allowed in required front, side, or rear building setbacks.

Vertical structures. a.

Description. Vertical structures are items such as flag poles, trellises, arbors, and other garden structures, play structures, antennas, satellite receiving dishes, and lamp posts. Fences are addressed in 33.110.255 below.

Setback standard. Vertical structures are allowed in required building setbacks if they are no larger than 3 feet in width, depth, or diameter and no taller than 8 feet. If they are larger or taller, they are not allowed in required building setbacks, except that flag poles are allowed in any building setback;

Exceptions. (1) A single arbor structure that is up to 6 feet wide, up to 3 feet deep, and up to 8 feet tall is allowed in a front setback. The arbor must allow for pedestrian access under its span. (2) Flagpoles are allowed in any building setback.

Uncovered horizontal structures. a.

Description. Uncovered horizontal structures are items such as decks, stairways, entry bridges, wheelchair ramps, swimming pools, hot tubs, tennis courts, and boat docks that are not covered or enclosed.

Setback standard. (1) Minor projection allowed. Uncovered decks, stairways, and wheelchair ramps that are more than 2-1/2 feet above the ground, and are attached to a building, may extend into a required building setback up to 20 percent of the depth of the setback. However, they must be at least three feet from a lot line.

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(2) Full projection allowed. The following structures are allowed in required building setbacks, as follows: • Structures that are no more than 2-1/2 feet above the ground are allowed in all building setbacks; • On lots that slope down from the street, vehicular or pedestrian entry bridges that are no more than 2-1/2 feet above the average sidewalk elevation are allowed in all building setbacks; and • Stairways and wheelchair ramps that lead to one entrance on the street-facing façade of a building are allowed in street setbacks. 4.

Covered accessory structures. a.

Description. Covered accessory structures are items such as garages, greenhouses, artist’s studios, guest houses, accessory dwelling units, storage buildings, wood sheds, water collection cisterns, covered decks, covered porches, and covered recreational structures.

Setback standard. Covered accessory structures if 6 feet or less in height are allowed in side and rear setbacks, but are not allowed in a front setback. Except as allowed in Subparagraph C.4.c, below, covered structures over 6 feet in height are not allowed in required building setbacks. See the exceptions and additional regulations for garages in Section 33.110.253, below.

Side and rear setbacks. In the R7, R5 and R2.5 zones, a detached garage that is in the side or rear setback may be converted to another type of detached covered accessory structure if all of the following are met: (1) The garage was legally constructed before January 1, 2005; (2) The structure is at least 40 feet from a front lot line, and if on a corner lot, at least 25 feet from a side street lot line; (3) The structure has dimensions that do not exceed 24 feet by 24 feet, excluding eaves; (4) The structure is no more than 15 feet high, and the structure walls are no more than 10 feet high, excluding the portion of the wall within a gable; and (5) Dormers are set back at least 5 feet from the side and rear lot lines.

Building coverage for detached covered accessory structures. 1.

The combined building coverage of all detached covered accessory structures may not exceed 15 percent of the total area of the site.

The building coverage of a detached covered accessory structure may not be greater than the building coverage of the primary structure.

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33.110.253 Garages A.

Purpose. These standards: • • • • •

Together with the window and main entrance standards, ensure that there is a physical and visual connection between the living area of the residence and the street; Ensure that the location and amount of the living area of the residence, as seen from the street, is more prominent than the garage; Prevent garages from obscuring the main entrance from the street and ensure that the main entrance for pedestrians, rather than automobiles, is the prominent entrance; Provide for a more pleasant pedestrian environment by preventing garages and vehicle areas from dominating the views of the neighborhood from the sidewalk; and Enhance public safety by preventing garages from blocking views of the street from inside the residence.

Additional Regulations. The regulations of this Section apply in addition to those of 33.110.250, Accessory Structures.

Existing detached garages.

Change of use. In the R7, R5 and R2.5 zones, a detached garage that is in the side or rear setback may be converted to another type of detached covered accessory structure as specified in 33.110.250.C.4, above.

Rebuilding. A detached garage that is nonconforming due to its location in a setback, may be rebuilt on the footprint of the existing foundation, if the garage was originally constructed legally. The garage walls may be up to 10 feet high, excluding the portion of the wall within a gable. The rebuilt garage is not required to comply with other standards of this chapter except for building height.

Additions. An addition may be made to a detached garage that is nonconforming due to its location in a setback as follows: a.

The expanded garage complies with all other standards of this chapter; or

The combined size of the existing foundation and the addition is no larger than 12 feet wide by 18 feet deep. The walls of the addition may be up to 10 feet high, excluding the portion of the wall within a gable. The expanded garage is not required to comply with other standards of this chapter except for building height.

Side and rear setbacks. In the R7, R5 and R2.5 zones, detached garages are allowed in the side and rear building setbacks if all of the following are met. 1.

The garage is set back at least 40 feet from a front lot line, and if on a corner lot, it is set back at least 25 feet from a side street lot line;

The garage has dimensions that do not exceed 24 feet by 24 feet;

The garage is no more than 15 feet high, and the garage walls are no more than 10 feet high, excluding the portion of the wall within a gable; and

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The structure in which the garage is located contains no space for living, sleeping, eating, cooking or sanitation.

Dormers are set back at least 5 feet from the side and rear lot lines.

Length of street-facing garage wall. 1.

Where these regulations apply. Unless exempted by Paragraph E.2, below, the regulations of this subsection apply to garages accessory to houses, attached houses, manufactured homes, and duplexes in the R10 through R2.5 zones.

Exemptions.

Garages that are accessory to development on flag lots, or development on lots which slope up or down from the street with an average slope of 20 percent or more are exempt from the standards of this subsection.

Garages in subdivisions and PUDs that received Preliminary Plan approval between September 9, 1990, and September 9, 1995, are exempt from the standards of this subsection.

On corner lots, only one street-facing garage wall must meet the standards of this subsection.

Standards. a.

The length of the garage wall facing the street may be up to 50 percent of the length of the street-facing building faรงade. See Figure 110-11. For duplexes, this standard applies to the total length of the street-facing faรงades. For all other lots and structures, the standards apply to the street-facing faรงade of each unit.

Where the street-facing faรงade is less than 22 feet long, an attached garage is not allowed as part of that faรงade.

Exception. Where the building is not being built on a new narrow lot, the garage wall facing the street may exceed the standards listed in Paragraph E.3 above if E.4.a and either E.4.b or c. are met. See Figure 110-12. a.

The garage wall facing the street is no more than 12 feet long; and

There is interior living area above the garage. The living area must be set back no more than 4 feet from the street-facing garage wall; or

There is a covered balcony above the garage that is at least the same length as the street facing garage wall, at least 6 feet deep, and accessible from the interior living area of the dwelling unit.

For new narrow lots, modifications to the standards of this subsection are allowed through Planned Development Review. See Chapter 33.638, Planned Development. Adjustments are prohibited.

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Street lot line setbacks. 1.

Where this standard applies. The standard of this paragraph applies to garages that are accessory to houses, attached houses, manufactured homes, and duplexes in the R10 through R2.5 zones. Where a proposal is for an alteration or addition to existing development, the standard applies only to the portion being altered or added.

Exemptions. a.

Development on flag lots or on lots which slope up or down from the street with an average slope of 20 percent or more are exempt from this standard.

Subdivisions and PUDs that received preliminary plan approval between September 9, 1990, and September 9, 1995, are exempt from this standard.

Where a lot has more than one street lot line, and there is an existing dwelling unit on the lot, this standard must be met only on the street-facing faรงade on which the main entrance is located.

Standard. A garage wall that faces a street may be no closer to the street lot line than the longest street-facing wall of the dwelling unit. See Figure 110-13.

Exception. A street-facing garage wall may be up to 6 feet in front of the longest street-facing wall of the dwelling unit, if: a.

The street-facing garage wall is 40 percent or less of the length of the building facade; and

There is a porch at the main entrance. The garage wall may not be closer to the street lot line than the front of the porch. See Figure 110-14. The porch must meet the following: (1) The porch must be at least 48 square feet in area and have minimum dimensions of 6 feet by 6 feet; (2) The porch must have a solid roof; and (3) The roof may not be more than 12 feet above the floor of the porch.

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Chapter 33.110 Single-Dwelling Zones Figure 110-11 Length of Street-Facing Garage Wall

Figure 110-12 Length of Street-Facing Garage Wall Exception

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Title 33, Planning and Zoning 1/1/15 Figure 110-13 Street Lot Line Setback

Figure 110-14 Garage Front Setback Exception

33.110.255 Fences A.

Purpose. The fence standards promote the positive benefits of fences without negatively impacting the community or endangering public or vehicle safety. Fences can create a sense of privacy, protect children and pets, provide separation from busy streets, and enhance the appearance of property by providing attractive landscape materials. The negative effects of fences can include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access, hinder the safe movement of pedestrians and vehicles, and create an unattractive

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appearance. These standards are intended to promote the positive aspects of fences and to limit the negative ones. B.

Types of fences. The standards apply to walls, fences, and screens of all types whether open, solid, wood, metal, wire, masonry, or other material.

Location and height. 1.

Front building setbacks. Fences up to 3-1/2 feet high are allowed in required front building setbacks.

Side and rear building setbacks. a.

Fences up to 8 feet high are allowed in required side or rear building setbacks that do not abut a pedestrian connection.

Fences abutting a pedestrian connection. (1) Fences up to 8 feet high are allowed in required side or rear building setbacks that abut a pedestrian connection if the pedestrian connection is part of a right-of-way that is at least 30 feet wide. (2) Fences up to 3-1/2 feet high are allowed in required side or rear building setbacks that abut a pedestrian connection if the pedestrian connection is part of a right-of-way that is less than 30 feet wide.

Exceptions for corner lots. On corner lots, if the main entrance is on the faรงade facing the side street lot line, the applicant may elect to meet the following instead of C.1 and C.2. See Figure 110-15. a.

Fences up to 3-1/2 feet high are allowed within the first 10 feet of the side street lot line.

Fences up to 3-1/2 feet high are allowed in required setbacks that abut a pedestrian connection if the pedestrian connection is part of a right-of-way that is less than 30 feet wide;

Fences up to 8 feet high are allowed in the required front building setback, outside of the area subject to 3a.

Fences up to 8 feet high are allowed in all other side or rear building setbacks.

Not in building setbacks. The height for fences that are not in required building setbacks is the same as the regular height limits of the zone.

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Title 33, Planning and Zoning 1/1/15 Figure 110-15 Fence Height Option on Corner Lots

Reference To Other Regulations. 1.

Building permits. Building permits are required by the Bureau of Development Services, for fences over 6 feet in height.

Fence materials regulated by other bureaus. Electrified fences are regulated under Title 26, Electrical Regulations. The use of barbed wire is regulated under Title 24, Building Regulations.

33.110.257 Retaining Walls A.

Purpose. The standards of this section help mitigate the potential negative effects of large retaining walls. Without mitigation, such walls can create a fortress-like appearance and be unattractive. By requiring large walls to step back from the street and Provide landscaping, the wall is both articulated and visually softened.

Where these regulations apply. 1.

Generally. These regulations apply to the portions of street-facing retaining walls that are in required setbacks along street lot lines. Where there is no required setback, or the setback is less than 10 feet, the regulations apply to the first 10 feet from the line.

Exceptions. a.

Retaining walls in the areas described in B.1 that are less than four feet high, as measured from the bottom of the footing, are not subject to the regulations of this section.

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Retaining walls on sites with an average slope of 20 percent or more, where the site slopes downward from a street, are not subject to the regulations of this section.

Replacing an existing retaining wall, where the replacement will not be taller or wider than the existing wall, is not subject to the regulations of this section.

Retaining walls on sites where any portion of the site is in an environmental overlay zone are not subject to the regulations of this section.

Standards. 1.

Retaining walls are limited to 4 feet in height, measured from the bottom of the footing, as shown in Figure 110-16.

Retaining walls must be set back at least 3 feet from other street-facing retaining walls, as shown in Figure 110-16. The 3 foot setback area must be landscaped to at least the L2 standard, except that trees are not required. A wall or berm may not be substituted for the shrubs.

33.110.260 Demolitions A.

Generally. Demolition on a site that requires a demolition permit is subject to the tree preservation and protection requirements of Title 11, Trees. See Chapter 11.50, Trees in Development Situations.

Historic resources. Demolition of historic resources is regulated by Chapter 33.445, Historic Resource Overlay Zone.

33.110.270 Nonconforming Development Existing developments that do not conform to the development standards of this chapter may be subject to the regulations of Chapter 33.258, Nonconforming Situations.

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Title 33, Planning and Zoning 1/1/15 Figure 110-16 Retaining Walls

33.110.275 Parking and Loading A.

Access to parking. Vehicle access to a lot must be from an alley under the following conditions. Modifications to this standard are allowed through Planned Development Review. See Chapter 33.638, Planned Development. Adjustments are prohibited. 1.

The lot abuts an alley;

The lot was created by a land division submitted after July 1, 2002; and

The lot is either: a.

In the R10 through R5 zones and does not meet the minimum lot width standard of 33.610.200.D.1; or

In the R2.5 zone and does not meet the minimum lot width standard of 33.611.200.C.1.

Parking and loading. For all other parking and loading regulations, see Chapter 33.266, Parking and Loading.

33.110.280 Signs The sign regulations are stated in Title 32, Signs and Related Regulations.

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(Amended by: Ord. No.165376, effective 5/29/92; Ord. No. 165594, effective 7/8/92; Ord. No. 166313, effective 4/9/93; Ord. No. 167186, effective 12/31/93; Ord. No. 167189, effective 1/14/94; Ord. No. 168698, effective 4/17/95; Ord. No. 169324, effective10/12/95; Ord. No. 170704, effective 1/1/97; Ord. No. 171219, effective 7/1/97; Ord. No. 171718, effective 11/29/97; Ord. No. 171879, effective 2/2/98; Ord. No. 173533, effective 8/2/99; Ord. No. 173593, effective 9/3/99; Ord. No. 173729, effective 9/9/99; Ord. No. 174263, effective 4/15/00; Ord. No. 174378, effective 5/26/00; Ord. No. 175204, effective 3/1/01; Ord. No. 175837, effective 9/7/01; Ord. Nos. 175965 and 176333, effective 7/1/02; Ord. No. 176469, effective 7/1/02; Ord. No. 177028, effective 12/14/02; Ord. No. 177422, effective 6/7/03; Ord. No. 177643, effective 7/10/03; Ord. No. 177701, effective 8/30/03; Ord. No. 177975, effective 11/14/03; Ord. No. 178045, effective 12/10/03; Ord. No. 178172, effective 3/5/04; Ord. No. 178509, effective 7/16/04; Ord. No. 178927, effective 12/31/04; Ord. No. 179092, effective 4/1/05; Ord. Nos. 179980 and 179994, effective 4/22/06; Ord. No. 180619, effective 12/22/06; Ord. No. 181357, effective 11/9/07; Ord. No. 182429, effective 1/16/09; Ord. No. 183598, effective 4/24/10; Ord. No. 183750, effective 6/4/10; Ord. No. 184016, effective 08/20/10; Ord. No. 184235, effective 11/26/10; Ord. No. 185412, effective 6/13/12; Ord. No. 185915; effective 5/1/13; Ord. No. 186639, effective 7/11/14; Ord. No. 186736, effective 8/29/14; Ord. No. 186053, effective 1/1/15.)

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Chapter 33.430 Environmental Zones

33.430 Environmental Zones

430

Sections: General 33.430.010 Purpose 33.430.015 Purpose of the Environmental Protection Zone 33.430.017 Purpose of the Environmental Conservation Zone 33.430.020 Environmental Reports 33.430.030 Relationship to Other Environmental Regulations 33.430.035 Other City Regulations 33.430.040 Overlay Zones and Map Symbols 33.430.050 Subareas of Environmental Zones 33.430.060 Where These Regulations Apply 33.430.070 When These Regulations Apply 33.430.080 Items Exempt From These Regulations 33.430.090 Prohibitions Development Standards 33.430.100 Environmental Development Standards and Environmental Review 33.430.110 Purpose 33.430.120 Procedure 33.430.130 Permit Application Requirements 33.430.140 General Development Standards 33.430.150 Standards for Utility Lines 33.430.160 Standards for Land Divisions and Planned Developments 33.430.165 Standards for Property Line Adjustments 33.430.170 Standards for Resource Enhancement Projects 33.430.175 Standards for Right-of-Way Improvements 33.430.180 Standards for Stormwater Outfalls 33.430.190 Standards for Public Recreational Trails Environmental Review 33.430.210 Purpose 33.430.220 When Review is Required 33.430.230 Procedure 33.430.240 Supplemental Application Requirements 33.430.250 Approval Criteria 33.430.260 Use of Performance Guarantees 33.430.270 Special Evaluation by a Trained Professional 33.430.280 Modification of Base Zone Development Standards Natural Resource Management Plans 33.430.310 Purpose 33.430.320 Scope 33.430.330 Procedure 33.430.340 Components

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33.430.350 Approval Criteria for Adoption and Amendment Corrections to Violations of This Chapter 33.430.400 Purpose 33.430.405 Correction Options 33.430.407 Recurring Violations of This Chapter Notice and Review Procedure 33.430.410 Purpose 33.430.420 When These Regulations Apply 33.430.430 Procedure Map 430-1 Balch Creek Watershed Protection Plan Area Map 430-2 Columbia Corridor Industrial and Environmental Mapping Project Area Map 430-3 East Buttes, Terraces and Wetlands Conservation Plan Area Map 430-4 Fanno Creek and Tributaries Conservation Plan Area Map 430-5 Johnson Creek Basin Protection Plan Area Map 430-6 Northwest Hills Natural Areas Protection Plan Area Map 430-7 Skyline West Resource Protection Plan Area Map 430-8 Southwest Hills Resource Protection Plan Area Map 430-9 East Columbia Neighborhood Natural Resources Management Plan Area Map 430-10 (Smith and Bybee Lakes Natural Resources Management Plan Area â&#x20AC;&#x201D; repealed on 12/31/13) Map 430-11 Forest Park Natural Resources Management Plan Area Map 430-12 Peninsula One Natural Resources Management Plan Area Map 430-13 Middle Columbia Corridor/Airport Natural Resources Inventory Environmental Mapping Project Area Map 430-14 Bank Reconfiguration and Basking Features Area

General 33.430.010 Purpose Environmental zones protect resources and functional values that have been identified by the City as providing benefits to the public. The environmental regulations encourage flexibility and innovation in site planning and provide for development that is carefully designed to be sensitive to the site's protected resources. These regulations also help meet other City goals, along with other regional, state, and federal goals and regulations. The environmental regulations also carry out Comprehensive Plan policies and objectives. 33.430.015 Purpose of the Environmental Protection Zone The Environmental Protection zone provides the highest level of protection to the most important resources and functional values. These resources and functional values are identified and assigned value in the inventory and economic, social, environmental, and energy (ESEE) analysis for each specific study area. Development will be approved in the environmental protection zone only in rare and unusual circumstances.

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33.430.017 Purpose of the Environmental Conservation Zone The Environmental Conservation zone conserves important resources and functional values in areas where the resources and functional values can be protected while allowing environmentally sensitive urban development. 33.430.020 Environmental Reports The application of the environmental zones is based on detailed studies that have been carried out within eight separate areas of the City. The City’s policy objectives for these study areas are described in the reports. Each study report identifies the resources and describes the functional values of the resource sites. Functional values are the benefits provided by resources. The values for each resource site are described in the inventory section of these reports. The City has adopted the following eight environmental study reports: • • • • • • • •

Balch Creek Watershed Protection Plan Columbia Corridor Industrial and Environmental Mapping Project East Buttes, Terraces and Wetlands Conservation Plan Fanno Creek and Tributaries Conservation Plan Johnson Creek Basin Protection Plan Northwest Hills Natural Areas Protection Plan Skyline West Conservation Plan Southwest Hills Resource Protection Plan

33.430.030 Relationship To Other Environmental Regulations Some of the eight study areas discussed under Section 33.430.020 impose additional environmental regulations in Plan Districts. These additional regulations either supplement or supersede the regulations of this Chapter. Paragraph 33.700.070.E describes the hierarchy of regulations within the Zoning Code. Additionally, Natural Resource Management Plans may contain regulations that supersede or supplement the regulations of this chapter. Whenever natural resource management plan provisions conflict with other provisions of this chapter, the natural resource management plan provisions supersede. Non-conflicting provisions supplement the provisions of this chapter. Maps 430-9, 11 and 12 show Natural Resource Management Plan areas. The following Plan Districts and Natural Resource Management Plans have additional regulations that may supersede or supplement the environmental regulations of Chapter 430: • • • • • • • • •

The Balch Creek Watershed (see Chapter 33.563, Northwest Hills Plan District) Cascade Station / Portland International Center Plan District (see Chapter 33.508, Cascade Station / Portland International Center [CS/PIC]) The Columbia South Shore within the Columbia Corridor (see Chapter 33.515, Columbia South Shore Plan District) Johnson Creek Basin (see Chapter 33.537, Johnson Creek Basin Plan District) Northwest Hills Natural Areas (see Chapter 33.563, Northwest Hills Plan District) Skyline West Conservation Plan area (see Chapter 33.563, Northwest Hills Plan District) East Columbia Neighborhood Natural Resources Management Plan (separate document) Forest Park Natural Resources Management Plan (separate document) Natural Resources Management Plan for the Peninsula Drainage District No. 1 (separate document)

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â&#x20AC;˘

Portland International Airport Plan District (see Chapter 33.565, Portland International Airport Plan District) This chapter contains only the City's environmental regulations. Activities which the City regulates through this chapter may also be regulated by other agencies. In cases of overlapping City, Special District, Regional, State, or Federal regulations, the more stringent regulations will control. City approval does not imply approval by other agencies.

33.430.035 Other City Regulations Other City regulations such as Title 10, Erosion Control, and Title 11, Trees, may apply to sites in the environmental overlay zones. 33.430.040 Overlay Zones and Map Symbols There are two environmental overlay zones. A.

The Environmental Protection overlay zone is applied wherever the City determines that highly significant resources and functional values are present. The Environmental Protection overlay zone is shown on the Official Zoning Maps with the "p" symbol.

The Environmental Conservation overlay zone is applied wherever the City determines that significant resources and functional values are present. The Environmental Conservation overlay zone is shown on the Official Zoning Maps with the "c" symbol.

33.430.050 Subareas of Environmental Zones Environmental overlay zones contain resource areas and transition areas. Resource areas contain significant resources and functional values. Transition areas surround the resource areas. Resources and functional values within transition areas are not significant, but they provide a buffer for the significant resources and functional values within the resource area. The transition area is measured as the first 25 feet inward from an environmental zone boundary. The remaining area is the resource area. See Figure 430-1. The following are three exceptions: A.

Where part of an environmental zone boundary is also the City Limits, there is no transition area.

Where environmental zone boundaries are contained within other environmental zone boundaries, there is no transition area.

Where environmental zone boundaries abut other environmental zone boundaries, transition areas are only measured from the combined outer-most boundaries of the environmental zones.

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Chapter 33.430 Environmental Zones Figure 430-1 Environmental Zone Subareas

33.430.060 Where These Regulations Apply These regulations apply to all environmental zones, except those in the Columbia South Shore Plan District that are south of NE Marine Drive, those in the Cascade Station/Portland International Center Plan District, City-owned land within the Forest Park Natural Resources Management Plan area, and the Peninsula Drainage District No. 1 Natural Resources Management Plan area. See also Section 33.430.030, Relationship to Other Environmental Regulations. 33.430.070 When These Regulations Apply Unless exempted by Section 33.430.080, below, the regulations of this chapter apply to the following: A.

Development;

All land divisions and property line adjustments;

Removing, cutting, mowing, clearing, burning, or poisoning native trees and plants listed in the Portland Plant List;

Planting or removing trees and plants listed on the Nuisance Plants List, and planting or removing non-native non-nuisance trees and plants;

Changing topography, grading, excavating, and filling;

Resource enhancement; and

Dedication and expansions of rights-of-way.

33.430.080 Items Exempt From These Regulations The following items, unless prohibited by Section 33.430.090, below, are exempt from the regulations of this chapter. Other City regulations such as Title 10, Erosion Control, and Title 11,

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Trees, must still be met. When no development or other activities are proposed that are subject to the development standards or review requirements of this chapter, tree removal or pruning allowed under the exemptions below is subject to the tree permit requirements of Title 11, Trees. A.

Change of ownership;

Temporary emergency procedures necessary for the protection of life, health, safety, or property;

Existing development, operations, and improvements, including the following activities: 1.

Maintenance, repair, and replacement of existing structures, exterior improvements, roads, public recreational trails, public rest points, public view points, public interpretative facilities, and utilities. Replacement is not exempt whenever coverage or utility size is increased;

Continued maintenance of existing gardens, pastures, lawns, and other planted areas, including the installation of new irrigation and drainage facilities, new erosion control features, and the installation of plants except those listed on the Nuisance Plants List. Change of crop type or farming technique on land currently in agricultural use. Pruning trees and shrubs within 10 feet of buildings and structures attached to buildings, such as decks, stairs, and carports;

Changes to existing disturbance areas to accommodate outdoor activities such as gardens and play areas so long as plantings do not include plants on the Nuisance Plants List and no trees 6 or more inches in diameter are removed;

Alterations to buildings that do not change the building footprint and do not require adjustments to site-related development standards;

Operation, maintenance, and repair of the following:

Irrigation systems;

Stormwater management systems;

Pumping stations; and

Erosion control and soil stabilization features;

Operation, maintenance, and repair of drainage facilities, flood control structures, and conveyance channels that are managed by Drainage Districts as defined in ORS 547, and where the activity is conducted or authorized by the Drainage District. This exemption does not apply if dredge spoils are placed onto the top of banks of the drainageway, or onto portions of the environmental overlay zone above the ordinary high water mark. Operation, maintenance, and repair of drainage facilities include: a.

Dredging and channel cleaning below the ordinary high water mark and vegetative maintenance within the minimum floodway cross-section of drainageways;

Operation, maintenance, and repair of drainage district pump stations, water control structures, or levees;

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Reconfiguring the cross-section of drainage channels below the ordinary high water mark, or changing the location of the low flow channel within a wider drainage channel; and

Stabilizing banks and restoring levees back to original condition and footprint;

Removal of vegetation when no development or other activities subject to the development standards or review requirements of this chapter are proposed, if the following are met: a.

All vegetation removal activities must be surrounded or protected to prevent erosion and sediment from leaving the site or negatively impacting resources on the site. Permanent erosion control, such as replanting areas of bare soil, must be installed.

The vegetation proposed for removal is one of the following: (1) Trees or plants listed on the Nuisance Plants List; (2) Dead, dying, or dangerous trees or portions of trees when they pose an immediate danger, as determined by the City Forester or an arborist. Removing these portions is exempt only if all sections of wood more than 12 inches in diameter either: â&#x20AC;˘ Remain, or are placed, in the resource area of the same ownership on which they are cut; or â&#x20AC;˘ Are removed, if the City Forester authorizes removal of diseased wood because it will threaten the health of other trees; (3) Non-native non-nuisance trees and plants; (4) Trees that are within 10 feet of an existing building and structures attached to buildings, such as decks, stairs, and carports; and (5) Trees that exceed the height restriction of a City-designated view corridor may be removed or pruned to maintain the view corridor.

Pruning trees in accordance with Title 11 permit requirements;

Alterations to existing houseboats or replacing houseboats in existing slips;

10. Development over existing paved surfaces that are over 50 feet from any identified wetland or water body; and 11. Land divisions or Property Line Adjustments where all properties are developed, no additional building sites are created and no additional development is proposed. D.

The following new development and improvements: 1.

Planting of native vegetation listed on the Portland Plant List when planted with hand-held equipment;

Public street and sidewalk improvements meeting all of the following:

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Improvements must be within an existing public right-of-way used by truck or automobile traffic; and

Streets and sidewalks must not exceed the minimum width standards of the Bureau of Transportation Engineering.

Groundwater monitoring wells constructed to the standards of the Oregon Water Resources Department and water quality monitoring stations, where access is by foot only;

Utilities installed above or below developed portions of public rights-of-way;

Utility service using a single utility pole or where no more than 100 square feet of ground surface is disturbed outside of the top of bank of water bodies and where the disturbed area is restored to the pre-construction conditions;

Temporary site investigative work including soil tests, land surveys, groundwater and water quality monitoring stations when all of the following are met: a.

The work is conducted using hand-held equipment only;

The disturbance is temporary;

Disturbance areas are restored to pre-existing conditions; and

No native trees are removed.

Installation of temporary fencing to protect resource enhancement project planting areas, or to close off or control the use of illegal trails. The fence must be removed within 5 years;

Installation of signage as part of public recreational trail and resource enhancement projects;

Additional disturbance for outdoor uses such as gardens and play areas where the added disturbance area meets all of the following: a.

The added disturbance area does not exceed 500 square feet;

The total disturbance area on the site does not exceed standards in Table 430-1;

No native trees 6 or more inches in diameter are removed; and

The disturbance area is located at least 30 feet from the top of bank of a stream or drainage and at least 50 feet from the edge of a wetland.

10. Trails meeting all of the following: a.

Trails must be confined to a single ownership or be within a public trail easement;

Trail widths must not exceed 30 inches, stair width must not exceed 50 inches, and trail grade must not exceed 20 percent except for the portion of the trail containing stairs;

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Plant trimming must not exceed a height of 8 feet and a width of 6 feet as shown in Figure 430-2;

No native trees 6 or more inches in diameter and no native shrubs larger than 5 feet tall may be removed;

Trails must not be paved; and

Trails must be at least 15 feet from the top of bank of all water bodies. Figure 430-2 Trail Vegetation Pruning and Maintenance Area

11. All land divisions with tentative plans, final plans, and recorded plats showing all of the following for every lot created or adjusted; and Property Line Adjustments with plans showing all of the following for each lot adjusted: a.

Building sites at least five feet from all resource areas. For the purpose of this subsection, â&#x20AC;&#x153;building siteâ&#x20AC;? means an area of any shape in which a square 40 feet by 40 feet will fit;

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Public and private utilities (including water lines, sewer lines or drain fields, and stormwater disposal facilities) where none of these utilities are in a resource area; and

Streets, driveways, and parking areas where all pavement is at least ten feet from a resource area.

Hand removal of trash, provided that native vegetation is not removed or damaged.

33.430.090 Prohibitions

The following items are prohibited in all environmental zones. Prohibitions apply to both transition areas and resource areas:

The use, packaging, transportation, or storage of hazardous substances, except as follows: 1.

Transportation of hazardous substances through environmental zones by rail or on designated truck routes is allowed; and

Use of consumer quantities of hazardous substances within environmental zones is allowed subject to the regulations of this Title. Consumer quantities of hazardous substances are packaged and distributed in a form intended or suitable for sale through retail sales outlets for consumption by individuals for purposes of personal care and household use.

The planting or propagation of any plant listed on the Nuisance Plants List;

Exterior work activities, unless in conjunction with a river-related or river-dependent use. See Chapter 33.910, Definitions; and

Dumping of yard debris or trash.

Development Standards 33.430.100 Environmental Development Standards and Environmental Review Compliance with the development standards of this chapter is required for all development in the environmental zones. For proposals that cannot meet all of the standards, Environmental Review is required. Where a proposal can meet all the standards, the applicant may choose to go through the discretionary environmental review process, or to meet the objective standards of this chapter. The development standards are Sections 33.430.140 through .190; Sections 33.430.150 through .190 address specific types or aspects of development, while 33.430.140 applies to proposals not covered by the more specific sections. A proposal may be subject to several sections. For example, construction of a house may be subject to the General Development Standards of 33.430.140, General Standards, and the standards of 33.430.180, Stormwater Outfalls and 33.430.150, Utilities. If the proposal can meet the general standards and standards for utilities, but not those for a stormwater outfall, environmental review is required only for the stormwater outfall. To be eligible to use the development standards for an aspect of a proposal, all of the standards within the relevant section must be met.

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33.430.110 Purpose These provisions are intended to: A.

Encourage sensitive development while minimizing impact on resources;

Provide clear limitations on disturbance within resource areas;

Ensure that new development and alterations to existing development are compatible with and preserve the resources and functional values protected by the environmental zones;

Provide clear planting and erosion control requirements within resource areas;

Buffer the resource area from the noise, fumes, lights, and motion of vehicular traffic associated with industrial, commercial, and multi-dwelling residential uses; and

Limit the impacts on resources and functional values resulting from construction of certain types of utilities.

33.430.120 Procedure Compliance with these standards is determined as part of the building permit or development permit application process. Adjustments to these standards through Chapter 33.805, Adjustments, are prohibited. Modification of any of these standards requires approval through environmental review described in Sections 33.430.210 to 33.430.280. 33.430.130 Permit Application Requirements A building permit or development permit application that is reviewed for compliance with the standards of this chapter requires more information than a permit not affected by these provisions. The information in Subsections A and B must be submitted with permit application plans. Submission of the information in Subsection C is optional. A.

An existing conditions site plan including: 1.

Location of all Environmental Zone lines on the site;

Outline of any existing disturbance area, including existing utility locations;

Location of any wetlands or water bodies on the site or within 50 feet of the site. Indicate the location of the top of bank, centerline of stream, or wetland boundary as appropriate;

Within the disturbance area, all trees that are 6 or more inches in diameter must be indicated by size and species. Trees outside of the disturbance area must be shown as crown cover with an indication of species composition; and

Topography shown by contour lines at 2 foot vertical contours in areas of slopes less than 10 percent and at 5 foot vertical contours in areas of slopes 10 percent or greater.

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Proposed development plan including: 1.

Outline of the proposed disturbance area, including all areas of proposed utility work;

Location and description of all proposed erosion control devices;

A stormwater management plan;

A landscape plan indicating the size, species, and location of all vegetation to be planted in the environmental zone;

Trees proposed to be preserved and trees proposed to be removed. For trees to be preserved, tree protection, meeting the requirements of Chapter 11.60, Technical Specifications, must be shown. A tree plan may also be required to comply with Chapter 11.50, Trees in Development Situations; and

Where applicable, the location and specifications of the site enhancement option with dimensions, a list of plants on the Nuisance Plants List to be removed, and a landscape plan indicating the size, species, and location of all vegetation to be planted.

Photographs of the site are not required but are encouraged to supplement the existing conditions site plan.

33.430.140 General Development Standards The standards below apply to all development in the environmental zones except as follows: • • • • • • •

Utilities subject to Section 33.430.150; Land divisions subject to Section 33.430.160; Property line adjustment subject to Section 33.430.165; Resource enhancement projects subject to Section 33.430.170; Rights-of-way improvements subject to Section 33.430.175; Stormwater outfalls subject to Section 33.430.180; and Public recreational trails subject to Section 33.430.190.

Standards A through C and G through S apply to new development. Standards D through S except L apply to alterations to existing development. Only standards E, J, K, M, P, Q, and R apply in Transition areas. All of the applicable standards must be met. Modification of any of these standards requires approval through environmental review described in Sections 33.430.210 to 33.430.280. A.

The maximum disturbance area allowed within the resource area on the site is determined by subtracting all portions of the site outside the resource area from the number listed in Table 430-1.

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Table 430-1 Maximum Disturbance Area Allowed OS and RF Zone Maximum 5,000 sq. ft. Disturbance [1] Area

R20

R10

All Other Zones

5,000 sq. ft. [1]

3,500 sq. ft. [1]

2,500 sq. ft. [1]

50% of the base zone building coverage or 1 acre, whichever is less [1]

Note: [1] Subtract the amount of area on the site outside the resource area from the number given in the table.

The disturbance area is set back at least 5 feet from the resource area of any environmental protection zone;

The disturbance area must be set back at least:

Fifty feet from the edge of any identified wetland, from the top of bank of any identified water body within the Columbia Corridor, or any identified water body within a protection zone on lots zoned R10, R20, or RF. When reconfiguration of the bank is carried out in accordance with subsection .170.A, below, results in the top of bank shifting landward, the applicant may choose to measure the setback from the original top of bank. When this occurs, a survey of the original top of bank line and the new top of bank line must be submitted for verification and then recorded with the County recorder. In all cases the disturbance area must be set back at least 5 feet from the new top of bank line;

Thirty feet from the top of bank of any identified water body within a protection zone on all lots except those zoned R10, R20 or RF; and

Thirty feet from the centerline of any identified water bodies within a conservation zone except those within the Columbia Corridor.

For alterations to existing development, one of the following must be met: 1.

The disturbance area does not exceed the limitations of Table 430-1 and the disturbance area is not expanded into or within five feet of the resource area of an environmental protection zone; or

If the existing disturbance area now exceeds the limitations of Table 430-1, alterations are allowed within the existing disturbance area if the following are met: a.

The existing disturbance area may not be expanded; and

Increases in building coverage and exterior improvement area are allowed if a site enhancement option is completed on the site. Applicants must show that an area equivalent in size to at least 50 percent of the area proposed for development will be enhanced following one or more of the options described in Table 430-2. If the proposed development is less than 100 square feet, the minimum enhanced area will be 50 square feet.

The proposed development is set back at least 5 feet from the resource area of any environmental protection zone;

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The proposed development must be set back at least: 1.

Fifty feet from the edge of any identified wetland, from the top of bank of any identified water body within the Columbia Corridor, or any identified water body within a protection zone on lots zoned R10, R20, or RF. When reconfiguration of the bank is carried out in accordance with subsection .170.A, below, results in the top of bank shifting landward, the applicant may choose to measure the setback from the original top of bank. When this occurs, a survey of the original top of bank line and the new top of bank line must be submitted for verification and then recorded with the County recorder. In all cases the proposed development must be set back at least 5 feet from the new top of bank line;

Thirty feet from the top of bank of any identified water body within a protection zone on lots zoned R7 through IH; and

Thirty feet from the centerline of any identified water bodies within a conservation zone except those within the Columbia Corridor.

The proposed buildings must be set back at least 5 feet from the edge of the disturbance area;

Where the distance between a building and the edge of the disturbance area is less than 10 feet, additional temporary disturbance area is allowed. The edge of the additional temporary disturbance area may extend no more than 10 feet from the building. The temporary disturbance area must be replanted with three different native shrub species at a minimum 1-gallon size or bare root, planted at a density of 3 plants per 10 square feet with the remaining area planed with native groundcover using a minimum of 4-inch pots at a density of 8 plants per 10 square feet;

Temporary disturbance areas and portions of the resource area where removal of nonnative vegetation occurs must be replanted so that the area achieves a 90 percent vegetation cover within one year;

Table 430-2 Minimum Site Enhancement Options Option Option 1 Restoration Planting

Option 2 Impervious Surface Reduction Option 3 Parking Lot

Action Remove plants listed on the Nuisance Plants List. Plant the area with native plants at the following minimum planting density: 10 plants per 50 square feet at a ratio of one tree, two shrubs, and 7 groundcover plants. Trees must be at least onehalf inch in diameter, shrubs must be at least 1 gallon, and groundcover plants a minimum pot size of 4 inches. The remaining area may be seeded with native grass seed. Remove impervious surface to improve stormwater management, and replant the area with native plants at the following minimum planting density: 10 plants per 50 square feet at a ratio of one tree, two shrubs, and 7 groundcover plants. Trees must be at least one-half inch in diameter, shrubs must be at least 1 gallon, and groundcover plants must be a minimum pot size of 4 inches. The remaining area may be seeded with native grass seed. Replace existing interior parking lot landscaping with a vegetated infiltration basin using native plants. The minimum planting ratio for this option is one tree

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Option 4 Revegetation Fee

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and two shrubs for every 50 square feet of planting area, and groundcover plants to cover the remaining area, planted on 12-inch centers. Trees must be at least one-half inch in diameter, shrubs must be at least 1 gallon, and groundcover plants a minimum pot size of 4 inches. Enhancements must be approved by the Bureau of Environmental Services as meeting the Stormwater Management Manual, and must also comply with parking lot landscape requirements of this Title. Pay a revegetation fee. 1. Fee use and administration. The revegetation fee is collected by BDS and is administered by the Bureau of Environmental Services. The fees collected are used for revegetation projects on public or private property within the same watershed as the site. 2. Calculation of required fee contributions. Applicants must contribute the cost to purchase and plant trees, shrubs, and groundcover plants as set out in 3. below. The cost to purchase and plant trees and plants will be adjusted annually as determined by the Director of BES based on current market prices for materials, labor, and maintenance. 3. Required fee contribution. The applicant must contribute the following revegetation fee before a building permit will be issued: - The cost to purchase, plant, and maintain one tree, two shrubs, and 7 groundcover plants for every 50 square feet of planting area; - The fee calculation will be rounded up to the next multiple of $10; and - The minimum area to be used in this calculation is 50 square feet. Calculations that are not a multiple of 50 will be rounded up to the next multiple of 50.

Tree removal and replacement standards. 1.

Removal of native trees is allowed as follows: a.

Trees removed from resource and transition areas must be replaced as shown in Table 430-3. Trees less than 6 inches in diameter do not have to be replaced.

In resource and transition areas, the combined total diameter of all trees removed may not exceed 225 inches, counting only native trees that are at least 6 inches in diameter;

In resource areas, trees may be removed only if one of the following is met: (1) Within 10 feet of existing or proposed buildings and structures attached to buildings, such as decks, stairs, and carports; (2) Within 10 feet of proposed driveways or right-of-way improvements; or (3) To create up to 500 square feet of permanent disturbance area for uses such as gardens and play area.

Non-native non-nuisance trees may be removed if each tree at least 6 inches in diameter is replaced as shown in Table 430-3;

Trees listed on the Nuisance Plants List may be removed, if each tree at least 6 inches in diameter is replaced with one native tree; and

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For replacement of non-native trees and trees in transition areas, applicants may pay a revegetation fee as described in Table 430-2 in lieu of planting on the site. The fee is based on the number of trees required under Table 430-3, Option A.

Replacement trees must be at least one-half inch in diameter; shrubs must be in at least a 1-gallon container or the equivalent in ball and burlap. All trees and shrubs must be selected from the Portland Plant List and planted on the site within the environmental zone. Conifers must be replaced with conifers and shrubs must consist of at least two different species;

Nuisance plants. 1.

Remove plants on the Nuisance Plants List in an area on the site that is equal to 50 percent of the size of the proposed permanent disturbance area, or from the entire site, whichever is less.

Plant removal must occur outside of the permanent and temporary disturbance areas.

Nuisance plant removal entails actions such as the removal of: roots, the above ground portion of the plant, and the seeds of the plant such that existing nonnuisance or newly installed plants are able to grow and survive. The non-nuisance plants are maintained free of nuisance plants.

The cleared area must be replanted as follows: a.

Seed the entire area of removal with a native grass seed.

Install seven groundcover plants and two shrubs per 50 square feet. Groundcover plants must be a minimum size of four inch pots and the shrubs a minimum size of one gallon pots.

Removed native and non-native non-nuisance trees are replanted in accordance with Section 33.430.140.M.

Planting native species listed on the Portland Plant List is required.

M. All vegetation planted in a resource area is native and listed on the Portland Plant List. Plants listed on the Nuisance Plants List are prohibited;

Table 430-3 Tree Replacement in Environmental Overlay Zone Size of tree to be removed (inches in diameter) At least 6 and up to 12 More than 12 and up to 20 More than 20 and up to 25 More than 25 and up to 30 More than 30

Option A (no. of native trees to be planted) 2 3 5 7 10

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Option B (combination of native trees and shrubs) not applicable 1 tree and 3 shrubs 3 trees and 6 shrubs 5 trees and 9 shrubs 7 trees and 12 shrubs

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The minimum front and street building setback and garage entrance setback of the base zone may be reduced to any distance between the base zone minimum and zero. Where a side lot line is also a street lot line the side building and garage entrance setback may be reduced to any distance between the base zone minimum and zero. Parking spaces may be allowed within the first 10 feet from a front lot line, and within a minimum side street setback;

Maximum front or street setbacks are as follows: 1.

The front building or street setback of the base zone is the maximum building setback for primary structures.

On a lot with more than one street lot line the maximum setback standard applies to the street lot line that is farthest from the resource area.

In zones with no minimum front or street setback, the maximum setback is 10 feet.

Fences are allowed only within the disturbance area;

Parking and truck area buffers: 1.

Auto and light truck areas. For commercial, industrial, and multi-dwelling residential uses, parking areas for autos and light trucks include a ten foot perimeter buffer from the resource area. The buffer is landscaped with plants listed on the Portland Plant List to at least the L2 standard, as stated in Chapter 33.248, Landscaping and Screening;

Medium and heavy truck areas. Where allowed by the base zone, the parking, loading, and maneuvering areas for medium and heavy trucks include a ten foot perimeter buffer from the resource area. The buffer is landscaped with plants listed on the Portland Plant List to at least the L3 standard, as stated in Chapter 33.248, Landscaping and Screening;

Exterior lights must be spaced at least 25 feet apart. Incandescent lights exceeding 200 watts (or other light types exceeding the brightness of a 200-watt incandescent light) must be placed so they do not shine directly into resource areas; and

Exterior storage and display areas include a ten-foot perimeter buffer from the resource area. The buffer is landscaped to at least the L3 standard, as stated in Chapter 33.248, Landscaping and Screening.

33.430.150 Standards for Utility Lines The following standards apply to private connections to existing utility lines and the upgrade of existing public utility lines in resource areas. All of the standards must be met unless exempted by Subsection G. Modification of any of these standards requires approval through environmental review described in Sections 33.430.210 to 33.430.280. A.

The disturbance area for private connections to existing utility lines is no greater than 10 feet wide;

The disturbance area for the upgrade of existing public utility lines is no greater than 15 feet wide;

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The utility construction does not occur within a stream channel, identified wetland, or water body;

Disturbance areas must be planted with native species listed in the Portland Plant List according to the following densities:

Three different native shrub species are required at a minimum 1-gallon size or bare root, planted at a density of 3 plants per 10 square feet;

The remaining area must be planted with native groundcover using a minimum of four inch pots at a density of 8 plants per ten square feet; and

Below the top of bank on slopes greater than 30 percent or in riprap areas, live stakes, 2 to 12 inches in diameter, may be substituted for the requirements of D.1 and D.2 above. Stakes must be installed at a density of 2 to 4 stakes per square yard. Detailed specifications for installing live stakes are found in the Erosion Control Manual.

Tree removal and replacement standards are as follows: 1.

Native trees more than 12 inches in diameter may not be removed. Each native tree more than 6 but less than 12 inches in diameter that is cut must be replaced as shown in Table 430-3;

Non-native non-nuisance trees may be removed, if each tree 6 or more inches in diameter is replaced as shown in Table 430-3;

Trees listed on the Nuisance Plants List may be removed if each tree 6 or more inches in diameter is replaced with one tree;

Replacement trees and shrubs must meet the planting standards in 33.430.140.K; and

Where a utility line is approximately parallel with the stream channel at least half of the replacement trees must be planted between the utility line and the stream channel, except where a utility easement precludes tree planting.

Each 6 to 10-inch diameter native tree cut must be replaced at a ratio of three trees for each one removed. The replacement trees must be a minimum one-half inch diameter and selected from the Portland Plant List. All trees must be planted on the applicant's site but not within 10 feet of a paved surface. Where a utility line is approximately parallel with the stream channel at least half of the replacement trees must be planted between the utility line and the stream channel.

Exemption. If a proposed utility line or upgrade to a utility line runs through an area that has already been approved as a disturbance area, or allowed by the standards of this chapter, it is exempt from Subsections A, B and D.

33.430.160 Standards for Land Divisions and Planned Developments The following standards apply to land divisions and Planned Developments in the environmental overlay zones. All of the standards must be met. Modification of any of these standards requires approval through environmental review described in Sections 33.430.210 to 33.430.280.

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All development is outside the resource area of the environmental protection zone;

Where there is a house on the site that is in the environmental protection zone, it may remain if a new lot is created that meets the following: 1.

The existing house will remain; and

A new lot is created that is no larger than required to contain the existing house, garage, minimum required setbacks, a 12-foot wide driveway, and an open area of 20 feet by 20 feet.

Resource areas of the environmental protection zone that are outside of lots being created under the provisions of Subsection B., above, are located entirely within environmental resource tracts. The tracts must be owned in common by all of the owners of the land division site, by a Homeownersâ&#x20AC;&#x2122; Association, by a public agency, or by a non-profit organization; and

The total amount of disturbance area allowed within the resource area of the environmental conservation zone is either the amount listed in Table 430-4 or 1 acre, whichever is less, minus the amount of area outside the resource area;

Table 430-4 Maximum Disturbance Area for a Land Division and PD Allowed Within the Resource Area[1] OS and RF R20 Zone R10 Zone Zone Maximum 5% of site 12% of site 15% of site Disturbance area area area Area Notes: [1] Disturbance area includes utility construction.

R7 Zone

R5 Zone

All Other Zones

17% of site area

22% of site area

50% of the base zone building coverage

Resource areas outside designated disturbance areas must be placed entirely within environmental resource tracts. The tracts must be owned in common by all of the owners of the land division site, by a Homeownersâ&#x20AC;&#x2122; Association, by a public agency, or by a nonprofit organization;

Tree removal is allowed as follows: 1.

Native trees. In residential zones, the combined total diameter of native trees cut may not exceed 225 inches per dwelling unit, counting only native trees that are at least 6 inches in diameter. In all other zones, native tree removal is limited to the boundaries of the approved disturbance area. Native trees must be replaced as shown in Table 430-3;

Non-native non-nuisance trees. Non-native non-nuisance trees may be removed, but must be replaced as shown in Table 430-3; and

Nuisance trees. Trees listed on the Nuisance Plants List may be removed, but must be replaced. Each tree 6 or more inches in diameter must be replaced with one native tree.

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The standards of Subsections 33.430.140.B, C, and K through R must be met.

Streets, alleys, walkways, and stormwater facilities are not created within 50 feet of an identified wetland or water body. The standard does not apply to recreational trails identified by the Comprehensive Plan;

Right-of-way and roadway widths do not exceed the maximums listed in Table 430-5; and

Utility construction must meet the applicable standards of Section 33.430.150. Private utility lines on a lot where the entire area of the lot is approved to be disturbed and where the private utility line provides connecting service directly to the lot from a public system are exempt from this standard.

Table 430-5 Maximum Right-of-way and Roadway Widths Base Zone OS and RF – R7 R5 R2.5 – IR and C, E and I

Type of Street Through Through Through

Right-of Way Width 35 feet 40 feet 40 feet

Roadway Width 20 feet 20 feet 28 feet

OS and RF – R5 R2.5 - IR and C, E and I

Dead-end Dead-end

35 feet 40 feet

20 feet 28 feet

33.430.165 Standards for Property Line Adjustments The following standards apply to Property Line Adjustments (PLAs) in the environmental overlay zones that do not meet one of the exemptions in 33.430.080.C.12 or 33.430.080.D.11. All of the standards must be met. Modification of any of these standards requires approval through environmental review described in Sections 33.430.210 to 33.430.280. For purposes of this section, the site of a Property Line Adjustment is the two properties affected by the relocation of the common property line. A.

A Property Line Adjustment may not result in any property being entirely in the environmental protection zone, unless that property is entirely in the environmental protection zone before the PLA, or the property will be dedicated or limited by deed restriction to the uses allowed in the OS zone.

The amount of area on each property that is outside of the resource area of the environmental overlay zone may not be reduced below the square footage in Table 430-6. A property that contains less than the area listed in Table 430-6 outside of the resource area of the environmental overlay zone may not move further out of conformance with Table 430-6.

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Table 430-6 Minimum Area Required Outside of Resource Area

Minimum Area Required

OS through R10 Zones 5,000 sq. ft.

R7 Zone

R5 Zone

All Other Zones

3,500 sq. ft.

2,500 sq. ft.

50% of the base zone building coverage or 1 acre, whichever is less

33.430.170 Standards for Resource Enhancement Projects The following standards apply to resource enhancement projects in the environmental zones. The applicant for projects that will take place within the area shown on Map 430-14 may choose to meet all of the standards of subsection A, all of the standards of subsection B, or all of the standards of subsection C. Applicants for projects that will take place outside the area shown on Map 430-14 must meet all of the standards in subsection C. Modification of any of these standards requires approval through environmental review described in Sections 33.430.210 to 33.430.280. A.

Bank reconfiguration. The following standards apply to bank reconfiguration projects that take place in the Bank Reconfiguration and Basking Features Area shown on Map 430-14. Slough and drainageway banks, which are the area between the ordinary high water mark and the top of bank, may be regraded when all of the following are met: 1.

The activity is conducted or authorized by the Multnomah County Drainage District #1 or Peninsula Drainage District #2;

The final slope above ordinary high water after grading is 33 percent or less (33 percent slope represents a rise to run ratio equal to 1:3);

Rock armoring may not be used except surrounding outfalls, inlets, culverts and bridge crossings, the rock armoring cannot exceed a distance of 5 feet from those features, and must be planted with live stakes of native plant stock, one half inch in diameter. Stakes must be used at a density of 2 to 3 stakes per 9 square feet. If the armoring is located on a levee, live stakes are not required;

The placement of large wood on the bank is allowed to improve bank stabilization if installed above the Base Floodplain Elevation (BFE), as defined on the Federal Emergency Management Agency Flood Insurance Rate Maps;

Trees or snags, 6 inches or greater in diameter, that are removed landward of the new top-of-bank must be replaced and meet the following: a.

Each tree or snag, 6 inches or greater in diameter, removed must be replaced as specified in Table 430-3, Tree Replacement;

Replacement trees and shrubs must be native and selected from the Portland Plant List;

Replacement shrubs must be in at least a 2-gallon container or the equivalent in ball or burlap;

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Replacement trees must: (1) Be at least one-half inch in diameter and have a maximum height-atmaturity that will not project above the height limit of the h overlay zone; and (2) Be planted within a transition area or resource area on a property owned by the applicant; or for which the applicant possesses a legal instrument that is approved by the City (such as an easement or deed restriction) sufficient to carry out and ensure success of the mitigation; or can demonstrate legal authority to acquire the site through eminent domain;

If the replacement trees are planted within 100 feet of the Columbia Slough main channels or secondary drainageways, the trees must be planted above the Base Floodplain Elevation (BFE), as defined on the Federal Emergency Management Agency Flood Insurance Rate Maps.

The area between the ordinary high water mark and the new top of bank must be revegetated as specified in Figure 430-3 and Table 430-7, Bank Revegetation. Figure 430-3 Bank Revegetation

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Zone (See Figure 565-2)

Water Body

Zone 1 Sloughs and drainageways; except on levees

On levees

Zone 1 and 2

Table 430-7 Bank Revegetation Planting Requirements A mix of native emergent wetland vegetation planted at a rate of 50 plugs of vegetation per 100 square feet of area, ten native shrubs for every 100 square feet of area and a native grass and forb seed mix at a rate of 30 pounds per acre. No trees may be planted in Zone 1. A. Outside of the Airport Subdistrict of the Portland International Airport plan district, one native tree, three native shrubs and four other native plants for every 100 square feet of area. Trees may be clustered. B. Within the Airport Subdistrict of the Portland International Airport plan district, Option A or ten native shrubs for every 100 square feet of area and a native grass and forb seed mix at a rate of 20 pounds per acre. A native grass and forb seed mix at a rate of 50 pounds per acre or a grass seed mix approved by the US Army Corps of Engineers for use on levees applied at a rate of 50 pounds per acre.

Disturbance areas related to structure removal must be replanted with native plants to achieve a 90 percent vegetative cover within one year. Disturbance area that is related to the removal of structures from the water is exempt from this standard;

No structures are proposed except for public viewing areas developed as part of the project. The public viewing areas must meet the following:

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The viewing area contains no more than 500 square feet of permanent disturbance area;

The viewing area is at least 30 feet from the top of bank;

The viewing area is not in the floodway;

Native trees more than 10 inches in diameter are not removed; and

Each 6 to 10-inch diameter native tree removed is replaced at a rate of three trees for each one removed. The replacement trees must be a minimum one-half inch diameter or 3 to 5-gallon conifers and be native trees listed on the Portland Plant List. All trees must be planted on the site; and

Temporary disturbance areas may be seeded with non-native seed that is sterile and is certified as 100 percent weed-free for erosion control purposes until replanting occurs.

Basking features. The following standards apply to the placement of large wood or large rocks as basking features for wildlife in the Bank Reconfiguration and Basking Features Area shown on Map 430-14. The placement of large wood or large rocks as basking features for wildlife within the Columbia Slough, Whitaker Slough, Buffalo Slough,

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Peninsula Canal, or other drainageways or identified wetlands is allowed when all of the following are met: 1.

The activity is conducted or authorized by the Multnomah County Drainage District #1, Peninsula Drainage District #2 or the City of Portland Bureau of Environmental Services;

No native trees are removed;

The basking feature is installed above the Base Floodplain Elevation (BFE), as defined on the Federal Emergency Management Agency Flood Insurance Rate Maps;

No structures are proposed except for public viewing areas developed as part of the project. The public viewing areas must meet the following:

The viewing area contains no more than 500 square feet of permanent disturbance area;

The viewing area is at least 30 feet from the top of bank;

The viewing area is not in the floodway;

Native trees more than 10 inches in diameter are not removed; and

Temporary disturbance areas may be seeded with non-native seed that is sterile and is certified as 100 percent weed-free for erosion control purposes until replanting occurs.

All other resource enhancement projects. The following standards apply to all other resource enhancement projects not addressed by subsections 170.A or B. All of the following standards must be met: 1.

There is no excavation or fill of, or construction activity within any wetland or water body;

There is no net fill, or increase in the amount of soil on the site;

No native vegetation listed on the Portland Plant List is removed except as allowed by C.5. below. Non-native trees and vegetation may be removed;

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No structures are proposed except for public viewing areas developed as part of the project. The public viewing areas must meet the following: a.

The viewing area contains no more than 500 square feet of permanent disturbance area;

The viewing area is at least 30 feet from the top of bank;

The viewing area is not in the floodway;

Native trees more than 12 inches in diameter are not removed;

Each 6 to 12-inch diameter native tree removed is replaced as shown in Table 430-3. Replacement trees and shrubs must comply with the planting standards of Subsection 33.430.140.K; and

Temporary disturbance areas may be seeded with non-native see that is sterile and is certified as 100 percent weed-free for erosion control purposes until replanting occurs.

33.430.175 Standards for Right-of-Way Improvements The following standards apply to unimproved and partially improved rights-of-way. All of the standards must be met. Modification of any of these standards requires approval through environmental review described in Sections 33.430.210 to 33.430.280. New rights-of-way that are part of a proposed land division or planned development must be reviewed under the Standards for Land Divisions and Planned Developments in Section 33.430.160. A.

The proposed paved roadway portion of the right-of-way must not be more than 26 feet wide and 2600 square feet in area;

The proposed disturbance area for the right-of-way improvement must; 1.

Be at least 50 feet from the edge of any wetland or waterbody;

Be at least 5 feet from the resource area of any environmental protection zone; and

Be no larger than 3300 square feet in area;

Planted areas, including stormwater swales, must be planted with native plants from the Portland Plant List;

Trees within the right-of-way may be removed within the improvement area and within 10 feet of the edge of the improvement. In no case may the combined total diameter of all trees removed exceed 225 inches, counting only native trees that are at least 6 inches. Trees other than native trees are exempt from this standard and may be removed without being counted as part of the 225 inches; and

The right-of-way improvements meet the development requirements of the City Engineer or the Permanent Rule for Private Rights-of-Way.

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33.430.180 Standards for Stormwater Outfalls The following standards apply to the installation of stormwater outfalls. All of the standards must be met. Modification of any of these standards requires approval through environmental review described in Sections 33.430.210 to 33.430.280. A.

The temporary disturbance area for the stormwater outfall is no greater than 10 feet wide;

Native trees 12 or more inches in diameter may not be removed. Each native tree at least 6 inches but less than 12 inches in diameter that is removed must be replaced as shown in Table 430-3;

Non-native non-nuisance trees may be removed. Each tree at least 6 inches in diameter must be replaced as shown in Table 430-3;

Trees listed on the Nuisances Plant List may be removed. Each tree at least 6 inches in diameter must be replaced with one tree.

Replacement trees and shrubs must comply with the planting standards of Subsection 33.430.140.K; and

Temporary disturbance areas must be planted with native species listed in the Portland Plant List according to the following densities: 1.

Three different native shrub species are required at a minimum 1-gallon size or bar root, planted at a density of 3 plants per 10 square feet; and

The remaining area must be planted with native groundcover using a minimum of 4inch pots at a density of 8 plants per 10 square feet;

When constructed open channels or vegetated swales are proposed, the slope between the stormwater source and the waterbody does not exceed 15 percent at any point;

Only one outfall pipe may be used on a site. The outfall pipe size may not exceed 4 inches in diameter; and

If an outfall riprap pad is used it must be planted with live stakes of native plant stock, onehalf inch in diameter. Stakes must be installed at a density of 2 to 3 stakes per square yard. Detailed specifications for installing live stakes are found in the Erosion Control Manual.

33.430.190 Standards for Public Recreational Trails The following standards apply to public recreational trails and public viewing areas developed in conjunction with the recreational trail. All of the standards must be met. Modification of any of these standards requires approval through environmental review described in Sections 33.430.210 to 33.430.280. A.

The trail is located on public property or within a public trail easement;

The trail is no longer than 5,000 feet and no wider than 4 feet with a maximum vegetation clearance of 8 feet high and 2 feet on either side of the trail (see Figure 430-4);

If the trail crosses a waterbody it is constructed above the top of bank;

Tree removal and replacement standards are as follows: 430-26

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Native trees 12 or more inches in diameter may not be removed. Each native tree more than 6 but less than 12 inches in diameter removed must be replaced as shown in Table 430-3;

Non-native non-nuisance trees may be removed if each tree at least 6 inches in diameter is replaced as shown in Table 430-3;

Trees listed on the Nuisance Plants List may be removed if each tree at least 6 inches in diameter is replaced with one tree; and

Replacement trees and shrubs must meet the planting standards of Subsection 33.430.140.K; and

If a public viewing area is proposed, the following must be met: 1.

The viewing area may create up to 500 square feet of permanent disturbance area;

The viewing area is at least 30 feet from the top of bank; and

The viewing area is not in the floodway.

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Title 33, Planning and Zoning 1/1/15 Figure 430-4 Trail Vegetation Pruning and Maintenance Area

Environmental Review 33.430.210 Purpose Environmental review is intended to: A.

Prevent harm to identified resources and functional values, compensate for unavoidable harm, and ensure the success of mitigation and enhancement activities;

Provide a mechanism to modify the development standards of this Chapter if the proposed development can meet the purpose of these regulations;

Provide flexibility for unusual situations. The review provides for consideration of alternative designs for development that have the least impact on protected resources in the environmental conservation zone and more exacting control over development in the environmental protection zone;

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Allow for more accurate maps and more certainty for property owners by allowing for the location of the environmental zone boundary to be modified when permitted changes to a resource occur or when the boundary location is determined more precisely on a specific site through a more detailed environmental study; and

Provide for the replacement of resources and functional values that are lost through violations of this Chapter.

33.430.220 When Environmental Review is Required Environmental review is required for all development in an environmental zone that does not meet the development standards of Sections 33.430.140 through .190 and for violations of this chapter. Environmental review is also required when an applicant wishes to fine-tune the zone boundary location based on a detailed environmental study. The City Council, Planning and Sustainability Commission, or Director of BDS may initiate an environmental review for environmental zone boundary amendments to reflect permitted changes in the location or quality of resources or functional values. Removal of environmental zone boundaries are processed as a change of an overlay zone, as stated in Chapter 33.855, Zoning Map Amendments. The zone boundary change procedure does not apply to changes caused by violations of this chapter. The procedure for violations of this chapter is described in Section 33.430.400. 33.430.230 Procedure Environmental reviews are processed through the following procedures: A.

Property Line Adjustments, resource enhancement activities, public recreational trails, rest points, view points, and interpretative facilities are processed through the Type Ix procedure.

The following are processed through the Type II procedure:

Roads, driveways, walkways, stormwater disposal, and buried connections to existing utility lines;

Public safety facilities;

Environmental zone boundary modifications;

All other uses and development in resource areas of Environmental Conservation zones; and

Development within the Transition Area only.

All other uses or development in resource areas of Environmental Protection zones are processed through the Type III procedure.

33.430.240 Supplemental Application Requirements In addition to the application requirements of Section 33.730.060, the following information is required for an environmental review application: A.

Supplemental site plans required. One copy of each plan must be at a scale of at least one inch to 100 feet. The following supplemental site plans are required:

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• • • • •

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Existing conditions; Conditions existing prior to a violation (if applicable); Proposed development; Construction management; and Mitigation or remediation.

A mitigation site plan is required whenever the proposed development will result in unavoidable significant detrimental impact on the identified resources and functional values. A remediation site plan is required whenever significant detrimental impacts occur in violation of the Code and no permit was applied for. The Director of BDS may waive items listed in this Subsection if they are not applicable to the specific review; otherwise they must be included. Additional information such as wetland characteristics or soil type may be requested through the review process. 1.

The existing conditions site plan must show the following for the entire site: a.

Special flood hazard area and floodway boundaries;

Boundaries of the resource area and the transition area. These boundaries may be scaled in relation to property lines from the Official City Zoning Maps;

Topography shown by contour lines at two foot vertical contours in areas of slopes less than ten percent and at five foot vertical contours in areas of slopes ten percent or greater;

Drainage patterns, using arrows to indicate the direction of major drainage flow; and

Existing improvements such as structures, or buildings, utility lines, fences, etc.

The proposed development site plan must show the following: a.

In areas of the site that have been or will be part of the permanent disturbance area, distribution outline of shrubs and groundcovers, with a list of most abundant species;

In areas of the site that are and will remain undisturbed: Tree crown cover outline, and generalized species composition;

A grading plan showing proposed alteration of the ground at two-foot vertical contours in areas of slopes less than ten percent and at five-foot vertical contours in areas of slopes ten percent or greater;

Trees six or more inches in diameter, identified by species, with trees proposed to be preserved and removed indicated. In the case of violations, also indicate those that were cut or damaged by stump diameter and species;

Proposed development, including proposed buildings, walkways, decks, retaining walls, bridges, garages, utility lines, stormwater management systems; and

Proposed planting areas.

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A construction management site plan must show the following: a.

Areas that will be temporarily or permanently disturbed, including equipment maneuvering areas, and perimeter controls;

Areas where existing topography and vegetation will be left undisturbed;

Location of site access and egress;

Equipment and material staging and stockpile areas;

Erosion control measures; and

Measures to protect trees and vegetation. Tree protection must meet the requirements of Chapter 11.60, Technical Specifications.

A mitigation or remediation site plan must show the following: a.

Dams, weirs, or other in-water structures;

Distribution outline, species composition, number, and percent cover of groundcovers to be seeded or planted;

Distribution outline, species composition, size, number, and spacing of shrubs to be planted;

Location, species, number, and size of each tree to be planted;

Stormwater management features, including retention, infiltration, detention, discharges, and outfalls;

Water bodies to be created, including depth;

Water sources to be used, including volumes; and

Information showing compliance with Section 33.248.090, Mitigation and Restoration Plantings.

Supplemental narrative. The following is required: 1.

Impact evaluation. An impact evaluation is required to determine compliance with the approval criteria and to evaluate development alternatives for a particular site. The alternatives must be evaluated on the basis of their impact on the resources and functional values of the site. In the case of a violation, the impact evaluation is used to determine the nature and scope of the significant detrimental impacts. To the extent that the site resources and functional values are part of a larger natural system such as a watershed, the evaluation must also consider the cumulative impacts on that system. The impact evaluation is based on the resources and functional values identified as significant in the reports listed in section 33.430.020; a.

An impact evaluation includes: (1) Identification, by characteristics and quantity, of the resources and their functional values found on the site;

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(2) Evaluation of alternative locations, design modifications, or alternative methods of development to determine which options reduce the significant detrimental impacts on the identified resources and functional values of the site; and (3) Determination of the alternative that best meets the applicable approval criteria and identify significant detrimental impacts that are unavoidable. b.

An impact evaluation for a violation includes: (1) Description, by characteristics and quantity, of the resources and functional values on the site prior to the violation; and (2) Determination of the impact of the violation on the resources and functional values.

Construction management plan. Identify measures that will be taken during construction or remediation to protect the remaining resources and functional values at and near the construction site and a description of how undisturbed areas will be protected. For example, describe how trees will be protected, erosion controlled, construction equipment controlled, and the timing of construction; and

Mitigation or remediation plan. The purpose of a mitigation or remediation plan is to compensate for unavoidable significant detrimental impacts that result from the chosen development alternative or violation as identified in the impact evaluation. A mitigation or remediation plan includes: a.

Resources and functional values to be restored, created, or enhanced on the mitigation or remediation site;

Documentation of coordination with appropriate local, regional, special district, state, and federal regulatory agencies;

Construction timetables;

Operations and maintenance practices;

Monitoring and evaluation procedures;

Remedial actions for unsuccessful mitigation; and

Information showing compliance with Section 33.248.090, Mitigation and Restoration Plantings.

33.430.250 Approval Criteria An environmental review application will be approved if the review body finds that the applicant has shown that all of the applicable approval criteria are met. When environmental review is required because a proposal does not meet one or more of the development standards of Section 33.430.140 through .190, then the approval criteria will only be applied to the aspect of the proposal that does not meet the development standard or standards.

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Public safety facilities, rights-of-way, driveways, walkways, outfalls, utilities, land divisions, Property Line Adjustments, Planned Developments, and Planned Unit Developments. Within the resource areas of environmental zones, the applicant's impact evaluation must demonstrate that all of the general criteria in Paragraph A.1 and the applicable specific criteria of Paragraphs A.2, 3, or 4, below, have been met: 1.

General criteria for public safety facilities, rights-of-way, driveways, walkways, outfalls, utilities, land divisions, Property Line Adjustments, Planned Developments, and Planned Unit Developments; a.

Proposed development locations, designs, and construction methods have the least significant detrimental impact to identified resources and functional values of other practicable and significantly different alternatives including alternatives outside the resource area of the environmental zone;

There will be no significant detrimental impact on resources and functional values in areas designated to be left undisturbed;

The mitigation plan demonstrates that all significant detrimental impacts on resources and functional values will be compensated for;

Mitigation will occur within the same watershed as the proposed use or development and within the Portland city limits except when the purpose of the mitigation could be better provided elsewhere; and

The applicant owns the mitigation site; possesses a legal instrument that is approved by the City (such as an easement or deed restriction) sufficient to carry out and ensure the success of the mitigation program; or can demonstrate legal authority to acquire property through eminent domain.

Public safety facilities. The public benefits of the proposal outweigh all significant detrimental impacts;

Rights-of-way, driveways, walkways, outfalls, and utilities;

The location, design, and construction method of any outfall or utility proposed within the resource area of an environmental protection zone has the least significant detrimental impact to the identified resources and functional values of other practicable alternatives including alternatives outside the resource area of the environmental protection zone;

There will be no significant detrimental impact on water bodies for the migration, rearing, feeding, or spawning of fish; and

Water bodies are crossed only when there are no practicable alternatives with fewer significant detrimental impacts.

Land divisions, Property Line Adjustments, Planned Developments, and Planned Unit Developments: a.

Proposed uses and development must be outside the resource area of the Environmental Protection zone except as provided under Paragraph A.3 above.

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Other resource areas of Environmental Protection zones must be in environmental resource tracts;

There are no practicable arrangements for the proposed lots, tracts, roads, or parcels within the same site, that would allow for the provision of significantly more of the building sites, vehicular access, utility service areas, and other development on lands outside resource areas of a conservation zone; and

Development, including building sites, vehicular access and utilities, within the resource area of a conservation zone must have the least amount of detrimental impact on identified resources and functional values as is practicable. Significantly different but practicable development alternatives, including alternative housing types or a reduction in the number of proposed or required units or lots, may be required if the alternative will have less impact on the identified resources and functional values than the proposed development.

Resource enhancement projects. In resource areas of environmental zones, resource enhancement projects will be approved if the applicant's impact evaluation demonstrates that all of the following are met: 1.

There will be no loss of total resource area;

There will be no significant detrimental impact on any resources and functional values; and

There will be a significant improvement of at least one functional value.

Public recreational facilities. In resource areas of environmental zones, public recreational trails, rest points, view points, and interpretative facilities will be approved if the applicant's impact evaluation demonstrates that all of the following are met: 1.

Proposed development locations, designs, and construction methods are less detrimental to identified resources and functional values than other practicable and significantly different alternatives;

The public benefits of the proposal outweigh all significant detrimental impacts;

Areas disturbed during construction, that do not contain permanent development, will be restored with native vegetation that is similar to the vegetation existing on the site and found on the Portland Plant List; and

There will be no significant detrimental impact on resources and functional values in areas designated to be left undisturbed.

Modification of zone boundaries. Modifications of environmental zone boundaries that reflect permitted changes in the location or quality of resource areas will be approved upon finding that the applicant's statement demonstrates that either Paragraph D.1 or D.2 below are met. For the minor modification of environmental zone boundaries based on a more detailed site specific environmental study, the applicant's impact evaluation must demonstrate that Paragraph D.3 below is met:

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Successful mitigation. An approved mitigation plan has been successful and a new, restored, or enhanced resource exists which, depending on its degree of significance, should be included in either the resource area of an Environmental Conservation zone or the resource area of an Environmental Protection zone; or

Approved loss of resource area. All of the following must be met:

Chapter 33.430 Environmental Zones

All approved development in a resource area has been completed;

All mitigation required of this development has been successful; and

The identified resources and functional values at the developed site no longer exist, or have been subject to a significant detrimental impact.

The proposed environmental zone line location accurately reflects the location of the significant or highly significant resources and functional values on the site, plus 25 feet of transition area. The significant or highly significant resources are identified in the Resource Site Inventory of the relevant Environmental Study Report, see 33.430.020.

Other development in the Environmental Conservation zone or within the Transition Area only. In Environmental Conservation zones or for development within the Transition Area only, the applicant's impact evaluation must demonstrate that all of the following are met: 1.

Proposed development minimizes the loss of resources and functional values, consistent with allowing those uses generally permitted or allowed in the base zone without a land use review;

Proposed development locations, designs, and construction methods are less detrimental to identified resources and functional values than other practicable and significantly different alternatives;

There will be no significant detrimental impact on resources and functional values in areas designated to be left undisturbed;

The mitigation plan demonstrates that all significant detrimental impacts on resources and functional values will be compensated for;

Other development in the Environmental Protection zone. In Environmental Protection zones the applicant's impact evaluation must demonstrate that all of the following are met:

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All sites within the Portland city limits, in which the proposed use or development is possible, are also in the resource areas of Environmental Protection zones;

Of these sites, development on the proposed site would have the least significant detrimental environmental impact;

There is a public need for the proposed use or development;

The public benefits of the proposed use or development outweigh all significant detrimental impacts;

There will be no significant detrimental impact on resources and functional values in areas designated to be left undisturbed;

The mitigation plan demonstrates that all significant detrimental impacts on resources and functional values will be compensated for;

Corrections to violations. For corrections to violations of this Chapter the application must meet all applicable approval criteria stated in subsections A through F above, and paragraphs 1, 2.b and 2.c, below. If these criteria cannot be met, then the applicantâ&#x20AC;&#x2122;s remediation plan must demonstrate that all of the following are met: 1.

The remediation is done in the same area as the violation; and

The remediation plan demonstrates that after its implementation there will be: a.

No permanent loss of any type of resource or functional value;

A significant improvement of a least one functional value; and

There will be minimal loss of resources and functional values during remediation until the full remediation program is established.

33.430.260 Performance Guarantees The Director of BDS may require performance guarantees as a condition of approval to ensure mitigation or remediation. See Section 33.700.050, Performance Guarantees. 33.430.270 Special Evaluation by a Professional A professional consultant may be hired to evaluate proposals and make recommendations if the Director of BDS finds that outside expertise is needed due to exceptional circumstances. The professional will have expertise in the specific resource or functional value or in the potential adverse impacts on the resource or functional value. A fee for these services will be charged to the applicant in addition to the application fee.

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33.430.280 Modifications Which Will Better Meet Environmental Review Requirements The review body may consider modifications for lot dimension standards or site-related development standards as part of the environmental review process. These modifications are done as part of the environmental review process and are not required to go through the adjustment process. Adjustments to use-related development standards (such as floor-area ratios, intensity of use, size of the use, number of units, or concentration of uses) are subject to the adjustment process of Chapter 33.805. In order to approve these modifications, the review body must find that the development will result in greater protection of the resources and functional values identified on the site and will, on balance, be consistent with the purpose of the applicable regulations. For modifications to lot dimension standards, the review body must also find that the development will not significantly detract from the livability or appearance of the area.

Natural Resource Management Plans 33.430.310 Purpose Natural resource management plans provide an alternative to case-by-case environmental reviews. These plans provide the means to evaluate the cumulative effects of development and mitigation proposed at different times and in different places within the same large ecosystem. These plans are of particular value in areas of multiple ownership. These plans also provide opportunities for coordination with, or joint adoption by, other local governments; special districts; and regional state, and federal agencies. 33.430.320 Scope Natural resource management plans must cover large ecosystems such as a forests, creeks, sloughs, or watersheds. These plans must address all resources and functional values conserved and protected by environmental zones within the plan boundaries. The plan must also address all significant detrimental impacts of uses allowed by the plan. 33.430.330 Procedure Adoption and amendment of natural resource management plans is a legislative procedure. Whenever natural resource management plan provisions conflict with other provisions of this chapter, the natural resource management plan provisions supersede. Non-conflicting provisions supplement the provisions of this chapter. 33.430.340 Components The applicant must submit a natural resource management plan with the following components: A.

Management objectives to maintain or enhance resources and functional values;

Lists of allowed and prohibited uses;

Maps of areas where these uses are allowed and prohibited;

Types of mitigation or enhancement required;

Maps of areas reserved for these mitigation or enhancement actions;

Timetables for development, mitigation, and enhancement; and

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Procedures and criteria for approving uses.

33.430.350 Approval Criteria for Adoption and Amendment. A natural resource management plan, or an amendment to a natural resource management plan, will be approved if it meets the following approval criteria: A.

Compliance with Sections 33.430.310 through 350;

Compliance with Statewide Planning Goals and the Portland Comprehensive Plan; and

If the natural resource management plan is approved as part of a plan district, the criteria for adoption of plan districts that are in Section 33.500.050 are met.

Corrections to Violations of This Chapter 33.430.400 Purpose The purpose of Sections 33.430.400 and .405 is to ensure the timely restoration and remediation of natural resources and functional values that have been degraded due to a violation of this chapter. These sections establish a process to determine which review requirements will be applied to remedy a violation that takes place in the environmental overlay zone. The type of review required depends on the circumstances of the violation. Section 33.430.405 details methods for correcting such violations and Title 3 of the City Code details the enforcement penalties.

33.430.405 Correction Options Applicants must choose one of the following options to correct environmental code violations. A.

When these options may be used. 1.

If all of the following are met, the applicant may choose Option One, Option Two, or Option Three: a.

Tree removal: (1) Only non-native trees have been removed; (2) No more than 12 diameter inches of native trees have been removed; or (3) No more than one of the following has been removed: • A Madrone 4 inches or less; • A Garry Oak 4 inches or less; or • A Pacific Yew 2 inches or less;

The proposal will remove all illegal development; and

The proposal will replant illegal clearing.

If any of the following apply, the applicant may not use Option One, but may chose either Option Two or Option Three: a.

Tree removal. More than 12 diameter inches of native trees have been removed;

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(1) A Madrone 4 inches or less; (2) A Garry Oak 4 inches or less; (3) A Pacific Yew 2 inches or less; c.

Any of the following has been removed: (1) A Madrone larger than 4 inches; (2) A Garry Oak larger than 4 inches; or (3) A Pacific Yew larger than 2 inches.

If the applicant cannot meet Options One or Two, Option Three must be used.

If the violation also violates a condition of approval of a land use review and no trees have been removed, the applicant may choose Option One or the process described in Section 33.730.140. The applicant may not choose Options Two or Three.

If the violation also violates a condition of approval of a land use review, and trees have been removed, the applicant must use the process described in Section 33.730.140. The applicant may not choose one of the options in this section.

Option One, Remove and Repair. This option results in removal of illegal development and replanting and repair of any damage. All of the requirements of this subsection must be met, and the notice and review procedure described in Sections 33.430.410 through 33.430.430 must be followed. Adjustments and modifications to these requirements are prohibited. 1.

All items and materials placed in the area of violation are removed using hand-held equipment and no new disturbance area is created;

Any soil compaction resulting from the violation is tilled or otherwise broken up to a depth of 6 inches prior to planting; and

Violation remediation planting. The area to be planted is the area disturbed by the violation. All of the following must be met: a.

The area disturbed by the violation activity must be replanted;

One tree, 1 shrub, and 5 groundcover plants are required to be planted for every 50 square feet of planting area. Plants must be native and selected from the Portland Plant List;

A second area, equal in size to the area disturbed by the violation activity, must also be replanted as remediation, or 7 additional plants as described in B.3.b. must be planted on the site for every 50 square feet disturbed;

Any plants on the Nuisance Plants List on the Portland Plant List must be removed from the planting area and within 10 feet of the planting area;

Trees must be a minimum one-half inch in diameter unless they are oak, madrone, or conifer, which may be 3 to 5-gallon size. No more than 10 percent

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of the trees may be oak or madrone. Shrubs must be a minimum of 1-gallon size. All other species must be a minimum of 4-inch pots; and f. 4.

The requirements of Section 33.248.090, Mitigation and Restoration Planting, must be met.

For violations involving the removal of trees, three native trees must be planted on the site for each tree removed, in addition to other remediation vegetation planted. If any tree removed was a Garry Oak, Madrone, or Pacific Yew, the replacement trees must be of the same species. Planted trees must be a minimum one-half inch in diameter unless they are oak, madrone, or conifer, which may be 3 to 5-gallon size.

Option Two, Retain and Mitigate. This option results in legalizing the illegal development and mitigating for any damage. All of the requirements of this subsection must be met and the notice and review procedure described in Sections 33.430.410 through 33.430.430 must be followed. Adjustments and modifications to these standards are prohibited. 1.

The applicable standards of Section 33.430.140 through .190 must be met; and

Violation remediation planting. The area to be planted is the area disturbed by the violation. Where development is approved for the area disturbed by the violation, an area of the same size elsewhere on the site must be planted. All of the following must be met:

The area disturbed by the violation activity must be replanted;

One tree, 1 shrub, and 5 groundcover plants are required to be planted for every 50 square feet of planting area. Plants must be native and selected from the Portland Plant List.

A second area, equal in size to the area disturbed by the violation activity, must also be replanted as remediation, or 7 additional plants as described in C.2.b must be planted on the site for every 50 square feet disturbed;

Any plants on the Nuisance Plants List on the Portland Plant List must be removed from the planting area and within 10 feet of the planting area;

Trees must be a minimum one-half inch in diameter unless they are oak, madrone, or conifer, which may be 3 to 5-gallon size. No more than 10 percent of the trees may be oak or madrone. Shrubs must be a minimum of 1-gallon size. All other species must be a minimum of 4-inch pots; and

The requirements of Section 33.248.090, Mitigation and Restoration Planting, must be met.

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Option Three, Environmental Review. This option requires Environmental Review, using the approval criteria and procedures below: 1.

Approval criteria. The approval criteria of Subsection 33.430.250.G must be met.

Review procedures. Reviews are processed as follows: a.

Type III. The following situations require a Type III review: (1) The removal of trees that exceeds the quantity of environmental standard 33.430.140.J. (2) Any development, exterior alteration, or exterior improvement within a wetland, stream channel, drainageway, or waterbody.

Type II. All other environmental reviews to correct environmental code violations are processed through a Type II procedure.

All environmental reviews must provide the information required in Section 33.430.240, Suppplemental Application Requirements.

33.430.407 Recurring Violations of This Chapter A.

Recurring violations on a site. Sites where there have been more than one environmental violation while in the same ownership may be subject to fines under Title 3.

Recurring violations by an individual or business. Individuals or businesses who have committed more than one environmental violation may be subject to fines under Title 3.

Notice and Review Procedure 33.430.410 Purpose The purpose of this notice and review procedure is to notify the public of the permit review process for development proposed in areas having identified significant resources and functional values. 33.430.420 When These Regulations Apply These regulations apply when a building permit or development permit application is requested within the resource area of the environmental conservation zone and is subject to the Development Standards of Section 33.430.110 through .190, 33.430.405.B, or 33.430.405.C. These regulations do not apply to building permit or development permit applications for development that has been approved through environmental review. 33.430.430 Procedure Applications for building permits or development permits as specified in Section 33.430.420 will be processed according to the following procedures: A.

Application. The applicant must submit a site plan with an application for a permit. The site plan must contain all information required by 33.430.130, Permit Application Requirements, and any additional information required for a building permit or development permit review.

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Notice of an application. 1.

Notice on website. Upon receipt of a complete application for a building or development permit, the Director of BDS will post a notice of the application on the BDS website and mail a notice of the request to all recognized organizations within 400 feet of the site. The posted notice of the application will contain at least the following information: •

A statement that a building or development permit has been applied for that is subject to the Development Standards of Section 33.430.110 through .190, 33.430.405.B, or 33.430.405.C.

•

The legal description and address of the site;

•

A copy of the site plan;

•

The place where information on the matter may be examined and a telephone number to call; and

•

A statement that copies of information on the matter may be obtained for a fee equal to the City’s cost for providing the copies.

The notice will remain on the website until the permit is issued and administrative decision is made, or until the application is withdrawn. 2.

E-mailed notice to recognized neighborhood associations. At the time a notice is posted on the BDS website, the Director of BDS will e-mail information about the internet posting to all recognized neighborhood associations and neighborhood coalition offices within 400 feet of the site. When an e-mail address is not available, the notice will be mailed to the neighborhood association and coalition office.

Posting the site and marking development. The applicant must post notice information on the site and identify disturbance areas as specified below. 1.

Posting notice on the site. The applicant must place a public notice about the request on the site when the application is deemed complete by the Bureau of Development Services. A posted notice must be placed on each frontage of the site. If a frontage is over 600 feet long, a notice is required for each 600 feet, or fraction thereof. Notices must be posted within 10 feet of a street lot line and must be visible to pedestrians and motorists. Notices may not be posted in a public right-of-way. The posted notice will contain the same information as the notice posted on the internet.

Marking proposed development on site. Prior to inspection of the site, the applicant will mark all trees over six inches diameter to be removed on the site and the building and pavement outlines with high visibility tape. The extent of the disturbance area must be marked with orange construction fencing or similar highly visible material. For corrections to violations, the disturbance area and remediation area to be planted must be identified with high visibility tape or similar high visibility material.

Site inspection. A BDS inspector will inspect the site prior to issuance of the permit and will provide the Director of BDS with one of the following:

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An inspection report that confirms the accuracy of the site plan and conformance with the applicable development standards; or

A check sheet identifying the deficiencies in the plan. Deficiencies must be corrected before a building permit is approved, or they may be addressed through environmental review as described in Sections 33.430.210 through 33.430.280.

Comments. Any interested person may comment on the permit application by writing and specifically identifying errors or non-compliance with development standards.

Response to comments. If a comment is received, the Director of BDS will respond in writing or in a manner suitable to the comment. The response will specifically address each comment that concerns compliance with the development standards of Section 33.430.140 through .190. The Director of BDS will recheck permits for compliance with development standards and approve the permit if compliance is reaffirmed or when identified deficiencies are corrected, and when all applicable standards and regulations of the Zoning Code are met.

(Amended by: Ord. No. 167293, effective 1/19/94; Ord. No. 168698, effective 4/17/95; Ord. No. 169375, effective 10/4/95; Ord. No. 171219, effective 7/1/97; Ord. No. 171260, effective 7/12/97; Ord. No. 171740, effective 11/14/97; Ord. No. 173015, effective 2/12/99; Ord. No. 174263, effective 4/15/00; Ord. Nos. 175965 and 176333, effective 7/1/02; Ord. No. 177422, effective 6/7/03; Ord. No. 178509, effective 7/16/04; Ord. No. 178657, effective 9/3/04; Ord. No. 178961, effective 6/13/05; Ord. No. 179540, effective 9/26/05; Ord. No. 180619, effective 12/22/06; Ord. No. 181357, effective 11/9/07; Ord. No. 183598, effective 4/24/10; Ord. No. 183534, effective 7/1/10; Ord. No. 184235, effective 11/26/10; Ord. No. 183534 and Ord. No. 184524, effective 7/1/11; Ord. No. 184944, effective 11/18/11; Ord. No. 185915, effective 5/1/13; Ord. No. 184944, effective 12/31/13; Ord. No. 186639, effective 7/11/14; Ord. No. 186053, effective 1/1/15.)

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S A N I T A R Y

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S T O R M

I N F O R M A T I O N

City of Portland | 1120 SW 5th Ave., #1000 Portland OR 97204 | 503.823.7740

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WAT E R

I N F O R M AT I O N

City of Portland | 1120 SW 5th Ave., #600 Portland OR 97204 | 503.823.7404

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